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.
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 these regulations.
The applicant shall state agreement to:
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;
Provide agreements, contracts and deed restrictions necessary for completion of the development according to the approved plans; and
Bind their successors in title to any commitments made in the approval process.
Any use permitted in the R-3, and CP IND Districts to allow for more commercial development flexibility.
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.
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.
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.
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.
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.
Before submitting an application for a PUD, an applicant shall confer with the Planning Commission, Town staff and other Town department heads, if required, in connection with the preparation of the planned unit development.
The purpose of the preapplication conference shall be to familiarize both the applicant and the Planning Commission with each other's intentions with respect to the PUD before the applicant enters into binding commitments or incurs substantial expense.
At the preapplication conference, the Planning 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 Planning Commission of his development concept through general outlines and sketch plans. Any statement made by either the Planning Commission or the applicant concerning potential disposition of a PUD application or the final form of the development shall not be legally binding.
A development plan shall accompany the application for a special exception permit and contain the following information:
Names of the owners and developer.
Scale, date, North arrow.
Existing streets, buildings, watercourses.
Easements and utility lines.
Proposed pattern of public and private streets, accessways and parking areas.
Locations and arrangements of lots.
Buildings by dwelling types, open space areas and recreational facilities, if any.
Architectural drawings and sketches illustrating the design and character of the various buildings proposed.
Appropriate statistical data on the size of the development, number of dwellings by type, percentage of open space and other data pertinent to review.
General outline of deed restrictions and other documents pertaining to the development, operation and maintenance of the project.
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.
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.
Changes in plan. Minor changes in plans shall be made by application and follow procedures pursuant to Article XXIX of this chapter. 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.
Deviation from approved plans. Deviation 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.
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.