[Ord. No. 918 §2, 5-1-2008]
A.
Purpose. The provisions of this Section are designed to
deal with larger-scale development and facilitate better site planning
and community planning through modification of certain district regulations
as they apply to such development.
B.
It
is hereby recognized that for larger-scale development, the regulations
of districts in the Zoning Code, either individually or collectively,
might impose unnecessary or undesirable rigidities on the site plan
and thereby prevent achievement of the best possible plan. Therefore,
this Article has the following intents:
1.
To permit flexibility in site design.
2.
To achieve more efficient use of land, within the framework and intent
of the zoning ordinance, which can result from large-scale or multiple-use
developments.
3.
To encourage and permit provision of open space.
4.
To protect and preserve scenic assets and natural features and to
incorporate these into the development.
5.
To foster a more stable community by providing a variety and balance
of housing types and living environments.
6.
To encourage and permit variety in the location of buildings, roads,
parking lots and other facilities and activities.
7.
To increase the safety of pedestrian and vehicular traffic by reducing
the number of traffic conflict points within a development.
8.
To reduce land cost per dwelling unit in residential developments.
C.
This
Article is intended to achieve these objectives while promoting and
protecting the public health safety and welfare of the City and while
safeguarding the present or future use and development of areas surrounding
a proposed "PUD".
D.
The
"PUD" designation is intended to be attached to use districts set
forth in this Chapter and is not a separate use district. The "PUD"
designation may be attached to a parcel of land at the time its zoning
classification is amended or it may be attached to a parcel of land
under the zoning district classification(s) existing at the date of
application of "PUD" designation. It is further intended that a "PUD"
designation may be applied to a residential, non-residential or a
combined residential/non-residential development.
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Processing Procedures for Planned Unit Developments
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Step 1
Area Plan Approval
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Application and Area Plan Submitted to Administrative Officer
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Staff Review
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Planning and Zoning Commission Public Hearing and Review
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Board of Aldermen Public Hearing and Review
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Step 2
Final Plan Approval
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Application and Final Plan Submitted to Administrative Officer
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Staff Review
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Planning and Zoning Commission Review
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Information Sent to Board of Aldermen
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Record Plat Submittal
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Building Permit
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Project Construction
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[Ord. No. 918 §2, 5-1-2008]
The Board of Aldermen of the City of New Haven shall have the
authority to approve area and final planned unit development (PUD)
plans. Such plans may be considered by the Board of Aldermen only
after the Planning and Zoning Commission has reviewed the plans and
submitted its recommendations to the Board.
[Ord. No. 918 §2, 5-1-2008]
The minimum area to be developed under the regulations of this
Article shall be five (5) acres, provided however, that the minimum
lot area may be waived by the Planning and Zoning Commission if the
parcel in question has certain unique characteristics such as, but
not limited to, significant topographic change, significant trees
or wooded areas; wetlands, floodplain or poor soil conditions on portions
of the property; water courses or utility easements crossing the parcel;
unusual shape or proportions; and isolation from other undeveloped
or developable lands. In such case, the applicant shall submit information
to the Commission to support the request for a waiver of the minimum
tract size requirement. The Commission shall consider the request
and act thereon, record said action in the minutes of the meeting
and inform the applicant of the action in writing. The request for
waiver and the Commission's action shall be made prior to the applicant's
submittal of an application for a planned unit development designation.
If the Commission accepts the request for waiver of minimum tract
size, the Commission shall indicate its decision and the reasons therefore
in its report to the Board of Aldermen as required herein.
[Ord. No. 918 §2, 5-1-2008]
A.
The
owner(s) of record or any person(s) acting on behalf of the owner(s)
of record of any tract five (5) acres or larger in area may apply
for a "PUD" designation. The application for a "PUD" designation shall
be for review and approval of an area plan for development of the
entire tract. The application may accompany a zoning amendment application
for the lot in question. Following review by the Planning and Zoning
Commission and approval of the area plan and designation of the lot
as a "PUD" by the Board of Aldermen, a second (2nd) application shall
be made for approval of a final plan for the entire tract or portion
thereof, if development is to occur in phases. A separate application
for final plan approval shall be required for each phase. No construction
or other site improvements may commence and no permit shall be issued
therefore on a tract with a multiple stage "PUD" designation until
a final plan for said tract or part thereof has been approved in accordance
with this Article.
B.
Each
application shall be filed with the City of New Haven who shall transmit
the area plan to the Planning and Zoning Commission. The application
must be filed at least thirty (30) days prior to the Commission meeting
at which it is to be first considered.
C.
The
applicant may appear before the Planning and Zoning Commission, prior
to application for a PUD designation, to discuss the proposed development.
[Ord. No. 918 §2, 5-1-2008]
A.
Application. The application for area plan approval shall
include the following information:
1.
The name of the proposed "PUD".
2.
Names, addresses and phone numbers of the owner(s) of record, engineer,
surveyor or designer responsible for the planning, engineering survey
and design.
3.
Acreage in the preliminary plan/plat.
4.
Legal description of the entire "PUD".
5.
Proposed deed restrictions, protective covenants and homeowner's
association articles of incorporation and bylaws.
6.
Signature(s) of applicant(s) and owner(s) certifying the accuracy
of the requested information.
7.
Receipt from the City Clerk showing paid application fee.
8.
Any additional information deemed necessary by the Administrative
Officer.
B.
Area Plan. The application shall be accompanied by thirty-two
(32) copies of the proposed area plan drawn at appropriate scale showing:
1.
Name of the proposed "PUD" project.
2.
Scale, date and north arrow.
3.
A key map showing the "PUD" in relation to the surrounding area.
4.
Within two hundred (200) feet of the proposed development, names
of adjacent subdivisions, layout of streets (with names), rights-of-way
widths, connections with adjoining platted streets, widths and locations
of alleys, easements and public sidewalk adjacent to or connecting
with the tract location and size of all existing sanitary sewer, storm
sewer and supply facilities.
5.
Existing conditions in the area plan showing all utilities, bridges,
streets, drives or alleys and existing structures.
6.
Existing topography (at least five (5) foot contour intervals). All
topographic data shall directly relate to U.S.G.S. data.
7.
The zoning status of the "PUD" and of all adjacent properties shall
be identified on the plan. If the project contains more than one (1)
zoning district category, the zoning district boundary lines shall
be clearly indicated.
8.
Boundary lines of school districts, fire districts, water districts
and municipal limits shall be identified on the plan where applicable.
9.
The general plan layout of the entire "PUD" showing proposed land
uses, streets, parking areas, open space areas and sidewalks with
significant dimensions indicated where appropriate to clarify the
plan.
10.
All planned use areas shall be clearly labeled as to the proposed
use and all parcels of lands to be dedicated or reserved for public
use or for use in common by property owners in the "PUD" shall be
indicated.
11.
The substance of covenants, grants of easements or other restrictions
proposed to be imposed upon the use of land, buildings and structures,
including proposed easements or grants for public utilities.
12.
Proposed stages of development.
13.
14.
Any additional information deemed necessary by the Administrative
Officer to adequately illustrate the proposed development.
15.
Elevations of structures to be built within the subdivision are to
be provided as a part of submittal. In the case of custom built homes,
a plot plan for a "typical" structure must be provided.
16.
A preliminary copy of trust indentures/covenants/deed restrictions
must be provided. These must be provided in accordance with the subdivision
regulations.
[Ord. No. 918 §2, 5-1-2008]
A.
Upon
receipt of the area plan from the City, the Planning and Zoning Commission
shall undertake a study of the area plan. The Commission shall advise
the applicant in writing of any recommended changes in the area plan
as are needed to conform to the standards of this Chapter and other
pertinent ordinances.
B.
The
Planning and Zoning Commission shall, at the next meeting after which
it receives the area plan from the City, establish a public hearing
on the area plan, said hearing to be held within thirty-one (31) days
of the filing date or at the regular Commission meeting closest to
that date. At least fifteen (15) days' notice of the hearing shall
be published in a newspaper of general circulation along with hearing
notice for a zoning amendment for the tract in question, if such amendment
is applied for. The public hearing may be held jointly with a public
hearing on any zoning change for the tract in question.
C.
The
Planning and Zoning Commission shall prepare a report on the area
plan and shall submit this report to the Board of Aldermen. This report
shall contain the Commission's analysis of the area plan and its recommendations
thereon to the Board. If a zoning amendment application is made for
the subject lot, the Commission shall report to the Board its review
and recommendations concerning said amendment simultaneously with
its reports on an area plan.
D.
The
Board of Aldermen shall review the area plan and the report of the
Planning and Zoning Commission thereon and shall approve or deny the
area plan. If a zoning amendment application has been made for the
subject tract to permit the development proposed in the area plan,
the Board shall take action on such amendment before taking action
on the area plan.
E.
If
the area plan is approved by the Board of Aldermen, the applicant
shall review the area plan in its approved form. The applicant and
the owner(s) of record shall then sign a statement that the approved
area plan shall be binding upon the applicant and the owner(s) of
record and upon their heirs, successors and assigns. The area plan
shall not be officially approved nor may the applicant submit a final
plan for the lot or any part thereof, until said statements has been
signed as required herein. The foregoing approval and signing shall
constitute official approval of the "PUD" designation for the subject
tract. Rezoning may be made contingent upon the "PUD" statement being
properly signed.
F.
Within
five (5) working days of the official approval of an area plan, the
Mayor shall accurately note, and the City Clerk attest, the "PUD"
designation for the lot in question on the official Zoning District
Map.
[Ord. No. 918 §2, 5-1-2008]
A.
The
Planning and Zoning Commission shall determine and shall provide evidence
of same in its report to the Board of Aldermen and the Board shall
determine, based upon its review of the Commission's report and its
own findings, that the proposed area plan meets the intent of this
Chapter and meets the following standards.
1.
The use of land shall be in conformance with the permitted uses of
the district in which the proposed development is to be located and
conforms to the adopted Comprehensive Plan or any part thereof or
represents land use policy which, in the Commission's opinion, is
a logical and acceptable change in the adopted Comprehensive Plan.
2.
The average density of development within the "PUD" shall remain
the same as would be permitted if the area were to be developed conventionally.
Average density is to be calculated as total land area excluding public
right-of-way, land to be used as detention basins and common ground.
Common ground may be used in the calculations if it is developed with
acceptable amenities. However, the development (buildings) so permitted
may be clustered and located irrespective of yard setback requirements
or lot lines in order to create a smaller network of streets and utility
lines and to create additional open space for the enjoyment of the
residents.
3.
The proposed development shall be adequately served by public facilities
and services such as: highways, streets, police and fire protection,
drainage courses, water and sanitary sewer facilities, refuse disposal;
or that the persons or agencies responsible for the proposed development
shall be able to provide, in a manner acceptable to the Board, any
such facilities and services.
4.
Each phase of the proposed development shall not be dependent upon completion of subsequent phases of the same development for the facilities and services identified in Subsection (3) above.
5.
The common open space, any other common properties, individual properties
and all other elements of the "PUD" are so planned that they will
achieve a unified environmental scheme, with open spaces and all other
elements in appropriate locations, suitably related to each other,
the site and the surrounding land. All common spaces shall be permanently
secured as such to the satisfaction of the Board.
6.
The location of the proposed uses, layout of the site and its relation
to streets giving access to it shall be such that traffic to, from
and within the tract and concentration of persons in connection therewith
will not be hazardous or inconvenient to the project or the neighborhood.
In applying this standard, the Commission and Board shall consider,
among other things, convenient routes for pedestrian traffic, particularly
of children; relationship of the proposed project to main thoroughfares
and streets intersections; and the general character and intensity
of the existing and potential development of the neighborhood.
7.
Where applicable, the Commission and Board shall determine that noise,
odor, light or other external effects from any source whatsoever,
which are connected with the proposed use, will not adversely affect
adjacent and neighboring areas and uses.
8.
Yard requirements along the perimeter of the "PUD" shall be at least
equal to those required in district(s) in which the "PUD" is located.
[Ord. No. 918 §2, 5-1-2008]
A.
Approval
of the area plan by the Board of Aldermen shall have the following
effects:
1.
Approval shall assure the applicant that the area plan is acceptable
to the Board for a three (3) year period provided construction is
diligently pursued and authorizes the applicant to file a final plan
for the entire tract or portion thereof if the "PUD" is developed
in phases.
2.
Official approval of the area plan shall confer "PUD" status to the
subject tract and permit modifications of lot area, lot width, yard
requirements and spacing among buildings and structures within the
lot, except on the perimeter thereof; all as set forth in the approved
area plan.
3.
No deviations from the area plan approved by the Board of Aldermen
shall be permitted except as provided in this Article.
4.
Approval of the area plan of a "PUD" shall expire and be of no effect
one (1) year after the date of approval unless a final plan has been
approved by the Planning and Zoning Commission.
[Ord. No. 918 §2, 5-1-2008]
A.
Every
final plan submitted to the Planning and Zoning Commission shall be
in accordance with the requirements of this Section.
1.
The final plan shall be of a scale not to be greater than one (1)
inch equals twenty (20) feet nor less than one (1) inch equals two
hundred (200) feet and of such accuracy that the Commission can readily
interpret the plan and shall include more than one (1) drawing where
required for clarity.
2.
The property shall be identified by lot lines and location, including
dimensions, angles and size, correlated with the legal description
of said property. The plan shall be designed and prepared by a qualified
land planner, registered professional architect, engineer or land
surveyor. It shall further include the name and address of the property
owner(s), developer(s) and designer(s).
3.
It shall show the scale, north point, boundary dimensions, natural
features such as woodlots, streams, rivers, lakes, drains and topography
(at least five (5) foot contour intervals); when terrain is irregular
or drainage critical, contour intervals shall be two (2) foot and
similar features.
4.
It shall show existing manmade features such as buildings, structures,
easements, high-tension towers, power lines, existing utilities such
as water and sewer lines, etc., excavations, bridges, culverts and
drains and shall identify adjacent properties within one hundred (100)
yards and their existing uses.
5.
It shall show the location, proposed finished floor and grade line
elevations, size of proposed main and accessory building, their relation
one to another and to any existing structure to remain on the site
and the height of all buildings and structures, as well as building
elevations for the buildings proposed.
6.
It shall show the proposed streets, driveways, sidewalks and other
vehicular and pedestrian circulation features within and adjacent
to the site; also the location, size and number of parking spaces
in the off-street parking areas and the identification of service
lanes, service parking and loading zones.
7.
It shall show the proposed location, use and size of open spaces
and the location of any landscaping, fences or walls on this site.
Any proposed alterations to the topography and other natural features
shall be indicated.
8.
It shall show the location and size of all existing utilities (public
and private) serving the property as well as the location and size
of all proposed utilities to serve the property. It shall be stated
that all necessary utilities (public and private) will be available,
functioning and usable at the time any stage of the project or the
total project is ready for occupancy.
9.
A landscaping plan.
10.
Any other information deemed necessary by the Planning and Zoning
Commission.
11.
Twenty-one (21) copies are to be submitted at the time of application.
[Ord. No. 918 §2, 5-1-2008]
A.
The
Planning and Zoning Commission shall, upon receipt of a final plan,
study same and approve or deny the final plan. The Commission shall
advise the applicant of its action in writing.
B.
The
Planning and Zoning Commission shall transmit the approved final plan
to the Board of Aldermen for its information.
C.
The
applicant and owner(s) of record shall review the approved final plan
and sign a statement that the approved final plan shall be binding
upon the applicant and the owner(s) and their heirs, successors and
assigns.
D.
Building
permits may be issued after the applicant has signed the required
statement.
E.
The
procedure of this Section shall be repeated in full for each phase
of the development in the approved area plan.
[Ord. No. 918 §2, 5-1-2008]
A.
The
Planning and Zoning Commission, in granting final plan approval, shall
determine that the following standards have been met.
1.
The final plan shall conform to the approved area plan, except that
minor variations in layout may be permitted at the discretion of the
Commission and without amendment of the approved area plan. Minor
variations include, among others, a change in residential floor area,
an increase in non-residential floor area of five percent (5%) or
less and a change in layout, provided that in the case of a change
in layout, the applicant shall provide the Board of Aldermen and the
Commission each a revised area plan which incorporates such layouts.
The revised plans shall each be signed by the applicant and owner(s)
of record. Modifications, such as, but not limited to, a change in
use, type of street, increase in density or intensity of development,
type of dwelling unit or an increase in non-residential floor area
of over five percent (5%), shall be considered major changes and shall
require amendment of the approved area plan. The Commission shall
determine whether a change is minor or major in accordance with this
Section.
2.
All dedications shall have been effectuated or, in lieu thereof,
proper agreements shall be made for such dedication in the future
with the Board.
3.
If the lot is to be developed in phases, each phase shall not depend
on subsequent phases for adequate access, utilities or public facilities.
[Ord. No. 918 §2, 5-1-2008]
A.
Once
a developer has received final plan approval, it shall be the developer's
responsibility to maintain the following at their sales office:
1.
Description of the developer's subdivision trustees responsibilities
for common ground within the subdivision.
2.
A copy of the approved final plan indicating the nature of all adjacent
zoning as of the date of approval.
3.
A copy of all indentures, restrictions and covenants.
4.
Developers shall be required to post notice, at the sales office,
that these items are available for review.
[Ord. No. 918 §2, 5-1-2008]
All open spaces identified in the approved area plan and which
are to remain in private ownership shall permanently remain as open
space and shall be properly maintained.
[Ord. No. 918 §2, 5-1-2008]
An approved "PUD" project may be amended at either the area
plan or final plan stage by use of the procedure for original approval.
An amendment to a final plan which results in a major change in the
area plan shall require an amendment of the area plan and shall be
processed in the same manner as the original application with public
hearings before the Planning and Zoning Commission and the Board of
Aldermen following due public notice.
[Ord. No. 918 §2, 5-1-2008]
A.
If
a tract has been designated as a "PUD" by the Board, said tract shall
not be developed or used except in accordance with the approved area
plan and final plan unless and until such designation is removed by
formal action of the Board.
B.
A final
plan for the entire area designated as a "PUD", excepting all final
plans for subsequent phases thereof up to a period not to exceed two
(2) additional years, shall have received approval of the Commission
within one (1) year of the date of Board approval of the area plan.
Failure to obtain approval of final plans as herein provided shall
authorize the Board to revoke, at it discretion, the right to develop
under the approved area plan and to require that a new area plan be
filed and reviewed in accordance with the provisions of this Article.
C.
Approval
of the final plan of a "PUD" shall expire and be of no effect one
hundred eighty (180) days after the date of approval unless and until
all appropriate fees have been paid and the City shall have issued
a building permit for the development authorized by said approved
plan. Approval of the final plan in a "PUD" shall expire and be of
no effect one (1) year after the date of approval unless construction
is begun and is diligently pursued in accordance with the approved
plan. Expiration of the approved plan shall authorize the Board to
require filing and review of a new final plan in accordance with the
provision of this Article.
D.
Development
under an approved "PUD" shall be completed within two (2) years of
the date of approval of the final plan. If said development is not
so completed, the Commission shall not review or approve plans for
any subsequent phases of the "PUD" unless good cause can be shown
for not completing same.
[Ord. No. 918 §2, 5-1-2008]
The approved area plan and/or final plan shall have the full
force of the Zoning Code. Any violation of either the approved area
plan or approved final plan shall be grounds for the Administrative
Officer to issue a stop work order and to withhold building permits
or certificates of occupancy.
