The planned unit development concept, hereinafter referred to as PUD, is established to encourage innovative and creative design and to facilitate use of the most advantageous construction techniques in the development of land for residential and other selected secondary uses. PUDs are intended to provide flexibility in the development of large tracts of land through the waiver of certain lot, setback and use restrictions, and should provide for increased amenities, safety and conveniences, reduced public and private costs and other public and private benefits.

(Zoning Ord. 2003, § 18.1-917.01)

A development shall be designated a PUD only when it meets all requirements herein and is approved by the town council.

(Zoning Ord. 2003, § 18.1-917.02)

Within a PUD, the following uses are permitted, subject to the approval of the town council:

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

Multifamily dwellings.

(4)

Townhouses.

(5)

Condominiums.

(6)

Commercial uses (including retail shops, specialty shops, convenience/grocery stores).

(7)

Automobile service stations as provided in section 24-473.

(8)

Swimming pools and tennis courts.

(9)

Marinas, docks and boating facilities of a commercial or club type.

(10)

Churches, manses, parish houses.

(11)

Schools.

(12)

Childcare centers.

(13)

Parks and playgrounds.

(14)

Community center.

(15)

Theaters, indoor.

(16)

Library.

(17)

Signs as provided in article IX of this section.

(18)

Offices.

(19)

Restaurants, cafés, dining establishments.

(20)

Lodging facilities.

(21)

Golf courses, driving ranges, and club houses.

(22)

Other compatible uses approved by the town council.

(23)

Emergency services.

(24)

Utilities intended to serve dwellings and businesses within their service area in the PUD.

(25)

Private streets in accordance with section 24-392.

(Zoning Ord. 2003, § 18.1-917.03)

The minimum acreage for developing a PUD is 15 contiguous acres.

(1)

Additional land area may only be added to an existing PUD if approved by the town council as an amendment to the special use permit authorizing the PUD, and provided the additional acreage is adjacent (except for public roads) thereto, forms a logical addition to the existing PUD, and is being developed by the same developer.

(2)

Amendments to special use permits must comply with the requirements of section 24-38(3) related to special use permits generally.

(Zoning Ord. 2003, § 18.1-917.04)

Within a PUD, the following maximum density requirements shall be adhered to:

(Zoning Ord. 2003, § 18.1-917.05)

The maximum or minimum coverage of the total land area being developed as a PUD shall not exceed the following:

(1)

Residential uses: Maximum between 40 percent and 60 percent.

(2)

Open space (excluding parking area): Minimum of 20 percent usable area.

(3)

Recreational uses (including golf courses, but not any accessory commercial uses): Minimum of ten percent usable area.

(4)

Commercial uses: Minimum of ten percent.

(5)

Other uses: Maximum of ten percent.

(Zoning Ord. 2003, § 18.1-917.06)

(a)

The minimum lot area, lot width and yard setback requirements herein and in the town's subdivision regulations are hereby waived except as follows:

(b)

The minimum side yard setback shall be 16 feet at each end of a group of townhouse units.

(Zoning Ord. 2003, § 18.1-917.07)

The maximum height restrictions for residential and other uses within the PUD shall be as follows:

(1)

Single-family dwellings: 35 feet.

(2)

Two-family dwellings: 40 feet.

(3)

Townhouses: 45 feet.

(4)

Multifamily dwellings (including condominiums): 80 feet.

(5)

Other uses: 45 feet.

(Zoning Ord. 2003, § 18.1-917.08)

All streets and utilities within the PUD shall meet the following requirements:

(1)

The traffic circulation pattern, the street dimensions, curbs and gutters, if provided, and curb cuts shall meet the specifications of the state department of transportation and Code of Virginia, §§ 33.2-240 and 33.2-241, as amended, and the minimum standards of the entrances to state highways and be approved by the resident engineer. The town council may permit private roads designed to adequately handle projected traffic, as shown by a licensed engineer, and which will be perpetually maintained.

(2)

All dwelling units shall be connected to water and sewerage systems approved by the health department and shall be open to inspection.

(3)

If a single-family or a two-family dwelling cannot be connected to a public or common on-site sewerage system and must maintain a single on-site sewerage system, the lot area requirements of the respective zoning district in which the PUD is located shall prevail.

(4)

All utilities shall be underground.

(Zoning Ord. 2003, § 18.1-917.09)

Off-street parking and loading spaces shall meet the requirements set forth in division 2 of article VIII of this chapter and section 24-539. Required parking spaces shall be provided within the perimeter of the PUD and no farther than 200 feet from the facilities served. Off-street parking and loading areas shall be screened from residential areas and shall be designed to produce the minimum possible interference with pedestrian circulation within the PUD.

(Zoning Ord. 2003, § 18.1-917.10)

(a)

The developer of the PUD shall establish a nonprofit association, corporation, trust or foundation of all individuals or corporations owning property within the PUD to ensure the maintenance of open spaces. Said organization shall conform to the following requirements:

(1)

The developer must establish the organization prior to the sale of any lot or property and shall relinquish control of said organization when voted upon by the membership of the organization.

(2)

Membership in the organization shall be mandatory for all property owners, present and future, within the PUD and said organizations shall not discriminate in its members or shareholders.

(3)

The organization shall manage all open space, and recreational and cultural facilities, shall provide for the maintenance, administration and operation of said land and improvements and shall secure adequate liability insurance on the land and other common areas.

(4)

The organization shall conform to Code of Virginia, title 55.1, ch. 19 (Code of Virginia, § 55.1-1900 et seq.), as amended.

(b)

For all dwelling units within the PUD which are leased, the owners/managers of such units shall be responsible for such maintenance.

(Zoning Ord. 2003, § 18.1-917.11)

In addition to other requirements herein, all PUDs shall meet the following minimum requirements for recreation areas, screenings and walks:

(1)

Tot lots and swimming areas shall be adequately enclosed, and all recreational areas shall be located away from the concentrations of vehicular traffic.

(2)

Fencing or vegetation screening shall be provided to a height of six feet and of such a density that no part of the development shall be visible to a casual observer on any side of the development abutting any yard of a residential or nonresidential structure. Provided that where natural features such as topography or natural vegetation are preserved and prevent the development from being casually visible from adjoining properties, the board of zoning appeals may waive requirements for screening. Fencing, where required, shall be maintained in a safe condition, shall be painted, and shall be kept in good repair.

(3)

Common walks or trails, either paved or unpaved, of a width of at least four feet shall be provided on at least one side of all streets, and wherever concentrations of pedestrian traffic can be expected, as between recreational facilities, walks and trails may be incorporated into the street curb. Walk grades shall not exceed ten percent; lights shall be provided to sufficiently illuminate steps.

(Zoning Ord. 2003, § 18.1-917.12)

(a)

Planned unit developments shall be established by special use permit in zoning districts where PUDs are permitted. The application for a PUD shall be accompanied by a development master plan.

(b)

The development master plan shall contain the following data, together with supplementary data for a particular development, as reasonably deemed necessary by the zoning administrator:

(1)

Development site information:

a.

Vicinity map at a scale of not less than one inch equals 2,000 feet.

b.

Boundary survey including area of the tract related to true meridian or U.S. Geological Survey State grid north.

c.

Total area of the tract.

d.

Abutting street names, widths, and route numbers.

e.

Owners, zoning districts, and uses of each adjoining tract.

f.

Topographic map with maximum contour intervals of five feet and a scale of not less than 100 feet to the inch.

g.

Floodplain limits.

(2)

Development design information:

a.

A concept plan, illustrating the location and functional relationship between all proposed land uses.

b.

Land use plan or plans showing the location and arrangement of all proposed land uses; the building setbacks from the development boundaries and adjacent streets, roads, alleys and ways; the proposed traffic circulation pattern including the location and width of all streets, driveways, walkways and entrances to parking areas; and all off-street parking and loading areas.

c.

A plan showing the location and design of all landscaping and screening.

d.

A plan or statement detailing the exact number of improved, developed and recreational open space, and all covenants, restrictions and conditions pertaining to the use, maintenance and operation of common spaces, and the percentage of the tract to be used as open space.

e.

When the development is to be constructed in phases, a phasing plan and schedule shall be provided showing the order of development for each phase and the approximate completion date. A cost estimate for all on-site and off-site public improvements within each phase shall be submitted with the site plan for that phase.

f.

A plan or report indicating the extent, timing, and estimated cost of all on-site and off-site improvements such as roads, water, sanitary sewer, and drainage facilities necessary to construct the proposed development, said plan or report shall correspond to the sequence of development schedule if the development is to be constructed in phases.

g.

A statement showing the relationship of the planned development to the comprehensive plan.

h.

A traffic impact analysis.

(Zoning Ord. 2003, § 18.1-917.13)

(a)

Applicants are required to meet with the zoning administrator and other qualified officials in a pre-application conference to review the proposed development master plan and original proposal prior to submittal. The purpose of such conference shall be to assist in bringing the application and material submitted therewith as nearly as possible into conformity with these or other regulations applying in the case, and/or to define specific variations from the application of these regulations which would otherwise apply which seem justified in view of equivalent service of the public purposes for such regulation.

(b)

Applications for PUD special use permits shall be heard by the planning commission pursuant to the same procedure utilized for other special use permit requests, including procedures adopted to comply with the notice provisions of Code of Virginia, § 15.2-2204.

(c)

In making a recommendation on a PUD, the planning commission shall specifically include findings as to:

(1)

The suitability of the tract for the general type of PUD proposed in terms of its relation to the comprehensive plan, physical characteristics of the land, and its relation to surrounding area;

(2)

Its relation to major roads, utilities public facilities and services;

(3)

The adequacy of evidence on unified control and suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees or other instruments, or the need for such instruments or for amendments in those proposed; and

(4)

Specific modifications in PUD or general regulations as applied to the particular case, based on a determination that such modifications are necessary or justified by demonstration that the public purposes of PUD or general regulations as applied would be satisfied to at least an equivalent degree by such modifications.

(d)

Based on such findings, the planning commission shall make a recommendation on the application which recommendation may include, the approval of the PUD special use permit as proposed, approval conditioned upon stipulated modifications, or disapproval.

(e)

On applications for PUD special use permits, the town council shall proceed in general as provided for other applications for special use permits, including provisions adopted to comply with the notice provisions of Code of Virginia, § 15.2-2204.

(f)

All terms, conditions, safeguards, and stipulations made at the time of PUD special use permit approval including the approval of the development master plan, with or without specified modifications, shall be binding upon the applicant or any successors in interest. Deviations from approved plans or failure to comply with any requirements, conditions or safeguards shall constitute a violation of these zoning regulations.

(g)

The granting of the PUD special use permit, and the approval of the development, with or without specified modifications, shall not constitute the recording of a plat, nor shall it authorize the issuance of building permits. Such action shall be undertaken only after the approval of the site plan and the recording of a subdivision plat, if applicable.

(Zoning Ord. 2003, § 18.1-917.14)

(a)

Once a special use permit approving a PUD has been granted, modifications or amendments to the PUD development master plan may only occur through the amendment of the special use permit in accordance with section 24-38(3) related to special use permits generally, except that minor deviations from the development master plan may be permitted when the zoning administrator determines that such are necessary due to the requirements of topography, drainage, structural safety or vehicular circulation, and such deviations will not materially alter the character of the approved development plan including the proposed development sequence. In no case shall such deviations include the addition or elimination of any building shown on the approved development, increase the density or increase the floor area.

(b)

Once a special use permit approving a PUD has been granted, only the uses permitted as part of the special use permit shall be allowed, notwithstanding any other by-right or permitted uses otherwise allowed in the underlying zoning district. Where conflicts occur between the special provisions herein and general zoning, subdivision or other regulations or requirements, these special regulations shall apply unless expressly prohibited by the general law, or unless the town council shall find, in the particular case that:

(1)

Provisions in this section do not serve public purposes to a degree at least equivalent to general zoning, subdivision or other regulations or requirements; or

(2)

Actions, designs or solutions proposed by the applicant, although not literally in accord with these special or general regulations, satisfy public purposes to at least an equivalent degree.

(Zoning Ord. 2003, § 18.1-917.15)