Requirements for uses and structures specified
in this article shall apply to such uses and structures whether permitted
by right or by special exception.
[Amended 8-18-2009 by Ord. No. 2009-05]
A. Intent. The intent of the planned unit development provisions is
to encourage quality and desirable development by allowing for greater
flexibility and design freedom than that permitted under basic district
regulations. These regulations are established to permit and encourage
diversification, variation and imagination in layout of development;
to encourage the preservation of open space; and to encourage more
rational, economic development with respect to the provisions of public
services.
B. Unified
control. All land included for development as a PUD shall be under
the legal control of the applicant, whether that applicant be an individual,
partnership, or corporation or group of individuals, partnerships
or corporations. Applicants requesting approval of a PUD shall present
firm evidence of unified control of the entire area within the proposed
PUD together with evidence that the developer has the unrestricted
right to impose all of the covenants and conditions upon the land
as are contemplated by the provisions of this chapter. The applicant
shall state agreement to:
(1) Proceed with the proposed development according to the provisions
of these zoning regulations and such conditions as may be attached
to the special exception for PUD.
(2) Provide agreements, contracts and deed restrictions necessary for
completion of the development according to the approved plans.
(3) Bind their successors in title to any commitments made in the approval
process.
C. Permitted uses. All the permitted uses of the RMF, CL, CP and IND
Zoning Districts in which the PUD is located, to allow for more development
flexibility.
D. General requirements. All permitted uses shall be subject to the
accessory use and structure, sign, height and parking requirements
of the district in which it is located.
E. Area and density requirements. A tract of land proposed for development
as a planned unit development shall contain a minimum area of two
acres and a maximum density of 12 dwelling units per net acre.
F. Internal lots and frontage. Within the boundaries of the PUD, no
minimum lot size or minimum yards shall be required; provided, however,
that no structure shall be located closer to any peripheral property
line than a distance equal to the height of such structure.
G. Access. Every dwelling unit shall have access to a public street
either directly or via an approved private road, pedestrianway, court
or other area dedicated to public or private use or common element
guaranteeing access. Permitted uses are not required to front on a
dedicated public street.
H. Engineering design standards. Normal standards or operational policy
regarding right-of-way widths, provision for sidewalks, streetlighting
and similar environmental design criteria shall not be mandatory in
a planned unit development, but precise standards shall be made a
part of the approved plan and shall be enforceable as a part of this
chapter.
I. Procedures for approving planned unit developments.
(1) Preapplication review.
(a)
Before submitting an application for a PUD, an applicant shall
confer with the Plan Commission, Town staff and other Town department
heads, if required, in connection with the preparation of the application
for a planned unit development.
(b)
The purpose of the preapplication conference shall be to familiarize
both the applicant and the Plan Commission with each other's intentions
with respect to the PUD before the applicant enters into binding commitments
or incurs substantial expense.
(c)
At the preapplication conference, the Plan Commission shall
familiarize the applicant with the PUD process and explain to the
applicant issues that should be considered in planning the project.
The applicant shall inform the Plan Commission of his development
concept through general outlines and sketch plans. Any statement made
by either the Plan Commission or the applicant concerning potential
disposition of a PUD application or the final form of the development
shall not be legally binding.
(2) Development plan. A development plan shall accompany the application
for a special exception permit and contain the following information:
(a)
Names of the owners and developer.
(b)
Scale, date, North arrow.
(c)
Existing streets, buildings, watercourses, easements and utility
lines.
(d)
Proposed pattern of public and private streets, accessways and
parking areas.
(e)
Locations and arrangements of lots,
(f)
Buildings by dwelling types, open space areas and recreational
facilities, if any.
(g)
Architectural drawings and sketches illustrating the design
and character of the various buildings proposed.
(h)
Appropriate statistical data on the size of the development,
number of dwellings by type, percentage of open space and other data
pertinent to review.
(i)
General outline of deed restrictions and other documents pertaining
to the development, operation and maintenance of the project.
(3) Plan approval. Upon approval of a development plan, a special exception
permit shall be issued. All terms, conditions and stipulations made
at the time of approval shall be binding upon the applicant or any
successors in interest.
(4) Preliminary and final plans. Approval of a development plan for a
special exception does not constitute preliminary or final plat approval.
Preliminary and final plats shall be submitted and processed in accordance
with standard subdivision review procedures.
(5) Changes in plan. Minor changes in plans shall be made by application and follow procedures pursuant to Article
XII. Minor changes shall not be considered a reapplication for special exception permit. Substantial changes in plans shall be made by application and processed as a new application for a special exception permit.
(6) Deviations from approved plans. Deviations from approved plans or
failure to comply with any requirement, condition or safeguard during
approval or platting procedures shall constitute a violation of these
zoning regulations.
J. Building permits. Final approval does not constitute approval for
the construction of individual buildings or structures in the development.
Application for building permits shall be submitted and processed
in accordance with standard procedures.