(a)   The purpose and intent of these planned unit development regulations is to promote innovative design in development by providing flexibility in regard to permitted uses and bulk regulations. These regulations are designed to promote the development of attractive, desirable communities of place, where residents and visitors can work and live in a development pattern that integrates residential and nonresidential uses in a design that is accessible to pedestrians and encourages the use of alternative modes of transportation and shared parking and offers greater conveniences to the residents of the village.

   (b)   It is the intent and policy of the village to encourage planned unit developments because of the extensive planning that is required prior to development. Planned unit developments allow the village to plan for large areas and to manage the impacts of growth on the provision of government services and infrastructure.

   (c)   It is the intent of the village to encourage the use of this section in conjunction with the other elements of this chapter in order to encourage the development of new communities.

   (d)   It is the intent of the village to provide flexibility in design in order to achieve, to the greatest possible degree, land development which is responsive to the natural and environmental assets and liabilities of any given site. Environmentally sensitive features should be protected and development concentrated in more suitable or less sensitive areas in order to preserve the island's unique natural resources. Development should be located and undertaken in a manner that will be the least disruptive to the natural functions of the environmentally sensitive lands. The maintenance and restoration of trees and other elements of the environmentally sensitive lands is an integral part of any planned unit development activities.

(Ord. No. 29, § 13.1, 8-17-1991; Ord. No. 2021- 0607, § 1, 6-28-2021)

   Commercial use means the occupancy, use, or intended use of land or structures or any portion thereof for the transaction of business, whether wholesale or retail, or the rendering or receiving of services. Warehousing, if directly related to on-site commercial activity, shall be considered to be commercial use.

   Master plan means a development plan depicting an entire proposed planned unit development, including proposed phases, which is submitted for council approval in accordance with this chapter.

   Mixed-use development means a project which integrates a variety of land uses including but not limited to residential, commercial, office, retail, public, or entertainment, in a compact urban form.

   Mixed-use structure means a structure that will contain both commercial, on at least one floor, and residential within the same structure.

   Open space means any portion of a parcel or area of land or water which is open and primarily undisturbed by structures, including areas maintained in a natural and undisturbed character. The only aboveground structures which are allowed within an open space are walkways and structures related thereto, such as benches, all of which are intended to accommodate casual, pedestrian use, and minor utility structures for pumps, wells and similar purposes.

   Recreational use means the occupancy, use, or intended use of land or structures or any portion thereof by persons for relaxation, amusement, play or the like.

   Residential unit means an enclosure of one or more rooms providing permanent provisions for living, sleeping, eating, cooking, and sanitation designed and/or constructed for permanent occupancy by one family. Accessory uses, including crofters, to the extent it is under the same ownership and on the same lot as the principle residential unit shall be deemed a part of the principle use.

   Residential use means the buildings for residence such as attached or detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages, etc., and their associated outbuildings such as garages, storage buildings, gazebos, etc.

   Single-family dwelling, attached, means a structure containing more than one single-family dwelling unit in which the units are physically attached and each has its own separate exterior entranceway and a separately owned lot.

   Single-family dwelling, detached, means a structure containing one dwelling unit that is freestanding.

(Ord. No. 29, § 13.2, 8-17-1991; Ord. No 2000-21, 9-16-2000; Ord. No. 2005-012, 7-15-2005; Ord. No. 2021-0607, § 1, 6-28-2021)

   Cross reference—Definitions generally, § 1-2.

   Planned unit developments are permissible in all zoning districts, provided that an application for the planned unit development is submitted, reviewed, and approved in accordance with this chapter. The planned unit development district is an overlay district which is applied only at the request of the applicant.

(Ord. No. 29, § 13.3, 8-17-1991; Ord. No. 2021-0607, § 1, 6-28-2021)

(Ord. No. 29, § 13.4, 8-17-1991; Ord. No. 2021-0607, § 1, 6-28-2021)

   Planned unit developments are exempt from this chapter and chapter 26, subdivisions, with the exception of the following:

   (1)   Wetlands. Acologically sensitive lands, such as marsh, Carolina Bays, pocosins and swamps, when in the ownership of the owner/applicant, are to be preserved whenever possible for the public interest. For such lands, as long as such areas are left undisturbed, they shall be included in the gross density.

   (2)   Maximum ground coverage.

      a.   Maximum ground coverage of sites developed as residential structures and accessory uses shall be 30 percent of the gross site area for these uses.

      b.   Maximum ground coverage of sites developed as nonresidential shall be 50 percent of the site specific area for these uses.

      c.   Applicant may exceed restrictions if applicant can effectively demonstrate, through an innovative engineered design, that the protection provided by the design would be equal to or exceed the protection by the limitations of 30 and 50 percent as specified in subsections (2)a and (2)b of this section.

   (3)   Streets/internal trafficways. A basic characteristic of a planned unit development is that the internal trafficways or streets, whether public or private, do not follow fixed linear geometric lines as do most streets, but instead are curvilinear and of meandering character. This is intended to provide for the further protection of trees, landscape specimens, and other environmentally sensitive concerns by building around these areas and for deliberate slower paced traffic movements and making generous use of features that promote lower vehicular speeds. Creative design of trafficways is encouraged. All planned unit developments must adhere to chapter 26, subdivisions, article III, design standards, of this Code. Prior to the approval of a final plat, the developer shall have installed all required improvements, or guaranteed their installation in accordance with chapter 26, subdivisions, article IV, final approval, of this Code.

   (4)   Setbacks. Minimum setbacks and distances between structures shall be as follows: minimum distance between internal structures shall be as required by the North Carolina Department of Insurance, and a minimum setback of 25 feet shall be required from any peripheral property line of the planned unit development except, where the peripheral property line is the boundary between the planned unit development and the State of North Carolina Maritime Forest Preserve, the required minimum setback shall be 20 feet. A minimum of ten feet shall be required for all front property lines.

   (5)   Utilities. Each development shall be capable of service with a water system and a sewage disposal system meeting standards and requirements of the state. When a development is within 1,000 feet of a water or sewer system, and the system has the capacity to provide the necessary water and sewer, the developer shall connect to such system and shall design a water distribution system for the subdivision meeting any requirements of state and village ordinances. Except as otherwise allowed by this chapter, all utilities and easements for each planned unit development must be provided in accordance with subsection 26-124(f)(4). Notwithstanding that provision, or any other provision of this section, and with the approval of the village manager, water and sewer line installations may be located under the paved surfaces of public roads if such construction is reasonably necessary to preserve natural features of the land, including trees. All utilities shall be installed underground.

(Ord. No. 29, § 13.5, 8-17-1991; Ord. No. 2000-21, § 1, 9-16-2000; Ord. No. ZO-01-04, 6-18-2004; Ord. No. 2021-0607, § 1, 6-28-2021)

   (1)   If the parcel proposed for development as a planned unit development is less than 20 acres, only residential use of any type permitted by article III of this chapter and associated recreational uses, will be allowed.

   (2)   If the parcel proposed for development as a planned unit development is equal to or greater than 20 acres, any use not otherwise prohibited in the village may be allowed, provided that no more than ten percent of the gross acreage of the planned unit development shall be used for commercial use.

   (b)   All uses that are set out in an approved master land use plan shall thereafter be treated as permitted uses within the planned unit development.

   (c)   A minimum of 70 percent of the total number of allowable residential units in an approved planned unit development shall be single-family. Thirty percent may be developed as residential uses other than single-family. Notwithstanding this requirement, once a master plan is approved in accordance with this provision, the number of single-family residential units approved may be reduced, as long as the number of non-single-family residential uses is not increased, notwithstanding the fact that such decrease in single-family residential units may result in a build-out density whereby more than 30 percent of the total residential units are other than single-family units.

   (d)   Any allowed use may be combined with any other use in a planned unit development or individual building, at the discretion of the village council.

(Ord. No. 29, § 13.6, 8-17-1991; Ord. No. 2000-21, § 1, 9-16-2000; Ord. No. 2021-0607, § 1, 6-28-2021)

   (b)   Upon approval by the village council as part of its approval of the master plan, any or all of the required open space reserved under subsection (a) of this section may be dedicated to the village for recreational or open space purposes.

   (c)   Any required open space which is not dedicated to the village shall be maintained by a homeowners' or property owners' association or other nonprofit organization with appropriate restrictions recorded which restrict in perpetuity the use of such land and facilities to open space and recreational uses, as shown on the master plan.

(Ord. No. 29, § 13.7, 8-17-1991; Ord. No. 2021-0607, § 1, 6-28-2021)

   (Maximum single-family density x 70%) + (Maximum Multifamily density x 30%) x 50% = Maximum planned unit development residential density (in units/acre)

(Ord. No. 29, § 13.8, 8-17-1991; Ord. No. 2021-0607, § 1, 6-28-2021)

   (1)   Construction of on-site bike and/or fitness trails or facilities: not more than five percent;

   (2)   Construction of park, open space or greenway facilities that exceed minimum village standards: not more than five percent;

   (3)   Creative use of stormwater impoundments (ponds) for recreation, views over water, incorporation in parks or for waterfront promenades: not more than five percent;

   (4)   Development following the standards of traditional urban development: not more than ten percent; and

   (5)   Donation of school or other public facility site: not more than ten percent.

(Ord. No. 29, § 13.9, 8-17-1991; Ord. No. 2021-0607, § 1, 6-28-2021)

   (b)   Planned unit developments containing both residential and nonresidential uses shall be designed, located and oriented on the site so that the nonresidential uses are directly accessible to residents of the planned unit development. For the purposes of this section, directly accessible shall mean pedestrian and vehicular access by way of improved sidewalks or paths and streets that do not involve leaving the planned unit development or using a major thoroughfare. Directly accessible does not necessarily mean that nonresidential uses need to be located in a particular location but that the siting of such uses considers the accessibility of the residential areas of the planned unit development to the nonresidential use.

(Ord. No. 29, § 13.10, 8-17-1991; Ord. No. 2021-0607, § 1, 6-28-2021)

   (b)   All open space and recreational amenities shall be dedicated and completed before certificates of occupancy may be issued for more than 50 percent of the dwellings in the planned unit development or, if the approved master plan divides the planned development into phases, in that phase of the planned unit development of which the amenity is a part.

(Ord. No. 29, § 13.11, 8-17-1991; Ord. No. 2021-0607, § 1, 6-28-2021)

   (1)   A master plan of the proposed planned unit development;

   (2)   A site specific plan for each development phase within the planned unit development; and

   (3)   A document package as required under section 32-303.

   (b)   The planned unit development shall require the submission of a master plan for review by the technical review committee, planning board and final approval of the village council.

   (c)   Following approval of the master plan, the planned unit development plan shall require the submission, approval, and recordation of one or more final site specific plats. The final planned unit development plat shall contain the language, "approved as a planned unit development plat." Site specific final plat approval is contingent on review by appropriate village authorities and approval by the village manager or his designee.

(Ord. No. 29, § 13.12, 8-17-1991; Ord. No. 2021-0607, § 1, 6-28-2021)

(Ord. No. 29, § 13.13, 8-17-1991; Ord. No. 2021-0607, § 1, 6-28-2021)

   (1)   A preapplication conference between the applicant and the appropriate village staff shall occur prior to any presentation to the planning board. The request for a conference must be submitted by the applicant. The primary purpose of this conference is to provide assistance and guidance to the applicant for the swift and least interruptible review of the proposed planned unit development. To ensure an equal understanding, this conference will provide a mutual exchange of basic information that is needed to facilitate and clarify the requested review process for all planned unit developments.

   (2)   Once the preapplication conference is complete, the applicant will prepare a master plan of the entire planned unit development. The applicant will complete the master plan compliance sheet as a requirement of the application.

   (b)   Submission. Submission and review procedures for master plan approval shall be in accordance with chapter 26, article II, procedures for plat approval. notwithstanding the provisions for information required on preliminary plats. The master plan shall contain all information as set forth in subsection (c) of this section.

   (c)   Master plan plat requirements. The master plan will contain and label the following elements:

   (1)   Tax parcel number;

   (2)   Existing zoning;

   (3)   Major thoroughfares;

   (4)   Recreational areas;

   (5)   Golf courses/other recreational amenities;

   (6)   Lakes (natural or manmade);

   (7)   Buffer strips;

   (8)   Single-family residential area;

   (9)   Multifamily residential area;

   (10)   Total acreage of commercial area;

   (11)   Total acreage of the planned unit development;

   (12)   Total acreage of the residential use;

   (13)   Total acreage of the recreational use;

   (14)   Total acreage of the open space;

   (15)   Total number of commercial units;

   (16)   Total number of residential units by type;

   (17)   Total density per acre;

   (18)   North arrow;

   (19)   Infrastructure layout;

   (20)   Total impervious coverage for residential development;

   (21)   Total impervious coverage for non-residential and commercial area;

   (22)   Walking paths/bike trails;

   (23)   Scale, date, and legal description of site;

   (24)   Abutting property owners;

   (25)   Phases of development (if recording in phases);

   (26)   Ten copies of the master plan (for office use only); and

   (27)   The village staff shall have the authority to require other information as necessary to determine compliance with this chapter, or other local, state, or federal regulations.

   (d)   Authority to approve. The council shall have the authority to approve the planned uni development master plan application following a determination that the plan meets the requirements of this article.

(Ord. No. 29, § 13.14, 8-17-1991; Ord. No. 2021-0607, § 1, 6-28-2021)

   (a)   If the planned unit development is of the size that it must be completed in phases, it is the responsibility of the applicant or owner to present site specific plans of each phase, prior to the development of that phase, to the village manager or his designee. The applicant or agent will be presented with a planned unit development compliance sheet to assist with the completing of the site specific plan in a more accurate and efficient manner. The site specific plans are in more detail and must contain all information as required for preliminary plats in chapter 26, article VII, of this code.

   (b)   If the proposed planned unit development is to be completed in one initial phase, the applicant or owner may submit a master plan that contains all of the elements of the site specific plan.

   (c)   Site specific approval is a two-step process. The preliminary site specific plat must have village approval prior to installation of the required improvements. Following the installation of the required improvements, a final site specific plat shall be approved by the village manager. A mylar with the appropriate information will be required for signatures of the village manager or his designee so that the applicant or owner can record the site specific plan. Submission of the preliminary site specific plans and final site specific plans must occur no later than 14 days prior to the regularly scheduled technical review committee meeting. Filing fees as set forth by the village council in their approved fee schedule, which shall be modified from time to time, shall be payable to the village upon submission of such preliminary and final plans. Necessary revisions of plans resulting from technical review committee comments must be received 14 days prior to the subsequent technical review committee meeting to be considered at that meeting. If the number of submittals are such that additional staff time is necessary to review the documents, then at the discretion of the village manager or his designee those submittals not being reviewed will be continued to the agenda for the next regularly scheduled meeting of the technical review committee, occurring no more than 45 days from the previous technical review committee.

   (d)   Approval of any site specific plan shall be valid for a period of 24 months from and after the date of approval thereof. Within 24 months of the date of approval of any site specific plan, the developer shall install all required improvements or make any provisions for guarantee of the installation thereof pursuant to section 26-201 of this code and thereafter may submit a final site specific plan for approval by the manager or his designee. Failure of the developer to install improvements or provide and post the necessary guarantees in lieu thereof and to provide to the manager a final plat for approval or to record such approved final plat within such 24-month period shall void the approval of the site specific plan. Any subsequent proposed development of such property shall be approved only upon conformity with the terms and conditions of this chapter.

(Ord. No. 29, § 13.15, 8-17-1991; Ord. No. 2001-17, 8-25-2001; Ord. No. 2021-0607, § 1, 6-28-2021)

   (1)   Village manager approval is required for the following:

      a.   Changes which result in a decrease in assigned density for a specific parcel, either residential or nonresidential.

      b.   Change in land use designation from multifamily to single-family or a change from any other use to open space/passive recreation.

      c.   Minor changes in major infrastructure features (i.e., roads/access, sewer, water, storm drainage) of the master plan area which are clearly beneficial to the occupants of the master plan area.

      d.   Minor changes in order to correct typographical errors or other revisions not affecting compliance with any of the substantive features of the planned unit development.

   (2)   The village council approval is required for the following:

      a.   Significant changes in major infrastructure features (i.e., roads/access, sewer, water, storm drainage) of the master plan.

      b.   Change in land use designation to increase density for master plan or site specific plan.

      c.   Any other significant change to the master plan or site specific plan as determined by the village manager.

(Ord. No. 29, § 13.16, 8-17-1991; Ord. No. 2021-0607, § 1, 6-28-2021)

   (a)   Any person violating any section of this chapter shall be guilty of a class 3 misdemeanor and punishable by a fine not to exceed $50.00 or imprisonment not to exceed 20 days. Each day that a violation continues shall be considered a separate and distinct offense.

   (b)   In addition to and not in lieu of any criminal remedies set forth in subsection (a) of this section, the village may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction and permanent, mandatory or prohibitory injunction preventing the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use of any land or structures in violation hereof, including order of abatement directing that buildings or other structures located on any property subject hereto be closed, demolished or removed, if necessary, to come into compliance herewith.

   (c)   The village's remedies for violations hereof as set forth in this section shall be cumulative.

(Ord. No. 29, § 13.17, 8-17-1991; Ord. No. 2021-0607, § 1, 6-28-2021)

   (a)   The village may adopt temporary moratoria on any village development approval required by law. The duration of any moratorium shall be reasonable in light of specific conditions that warrant imposition of the moratorium and may not exceed the period of time necessary to correct, modify, or resolve such conditions. Except in cases of imminent and substantial threat to public health or safety, before adopting an ordinance imposing a development moratorium with a duration of 60 days or any shorter period, the governing board shall hold a public hearing and shall publish a notice of the hearing in a newspaper having general circulation in the area not less than seven days before the date set for the hearing. A development moratorium with the duration of 61 days or longer, is subject to the notice and hearing requirements of G.S. 160D-601. Absent an imminent threat to public health or safety, a development moratorium adopted pursuant to this section shall not apply to any project for which a valid building permit issued pursuant to G.S. 160D-1108 is outstanding, to any project for which a special use permit application has been accepted as complete, to development set forth in a site-specific vesting plan approved pursuant to G.S. 160D-108.1, to development for which substantial expenditures have already been made in good-faith reliance on a prior valid development approval, or to preliminary or final subdivision plats that have been accepted for review by the village prior to the call for a public hearing, if subsequently approved, shall be allowed to proceed to final plat approval without being subject to the moratorium. Notwithstanding the foregoing, if a complete application for a development approval has been submitted prior to the effective date of a moratorium, G.S. 160D-108(b) applies when permit processing resumes.

   (b)   Any ordinance establishing a development moratorium must expressly include at the time of adoption each of the following:

   (1)   A clear statement of the problems or conditions necessitating the moratorium and what courses of action, alternatives to a moratorium, were considered by the village council and why those alternative courses of action were not deemed adequate.

   (2)   A clear statement of the development approvals subject to the moratorium and how a moratorium on those approvals will address the problems or conditions leading to the imposition of the moratorium.

   (3)   An express date of termination of the moratorium and a statement setting forth why that duration is reasonably necessary to address the problems or conditions leading to imposition of the moratorium.

   (4)   A clear statement of the actions, and the schedule for those actions, proposed to be taken by the village during the duration of the moratorium to address the problems or conditions leading to imposition of the moratorium.

   (c)   No moratorium may be subsequently renewed or extended for any additional period unless the village shall have taken all reasonable and feasible steps proposed to be taken by the village in its ordinance establishing the moratorium to address the problems or conditions leading to the imposition of the moratorium and unless new facts and conditions warrant an extension. Any ordinance renewing or extending a development moratorium must expressly include, at the time of adoption, the findings set forth in (b)(1) through (b)(4) of this section, including what new facts or conditions warrant the extension.

   (d)   Any person aggrieved by the imposition of a moratorium on development approvals required by law may apply to the appropriate division of the General Court of Justice for an order enjoining the enforcement of the moratorium, and the court shall have jurisdiction to issue that order. Actions brought pursuant to this section shall be set down for immediate hearing, and subsequent proceedings in those actions shall be accorded priority by the trial and appellate courts. In any such action, the village shall have the burden of showing compliance with the procedural requirements of this section.

(Ord. No. 2006-1012, 10-26-2006; Ord. No. 2021-0607, § 1, 6-28-2021)