It is the purpose of this chapter to encourage the unified and planned development of land at the time of development by the use of planned unit developments (PUD) by considering deviations from specific or strict compliance with zone regulations in this title and to allow by master planning flexibility in site design and dimensional standards to develop residential, commercial and/or industrial uses not allowed individually within the specific zones, resulting in:

   A.   A more efficient, aesthetic and desirable use of open space and recreational amenities.

   B.   A variety of housing and building types.

   C.   The placement of structures that is compatible with abutting development.

   D.   An integrated development that is served by essential services.

   E.   Protection of existing natural, scenic, and historic resources.

   F.   Protection of existing neighborhoods through buffering techniques including screen planting, open space, and landscaping.

   G.   A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets.

   H.   A development pattern in harmony with land use density, transportation and community facilities objectives of the plan.

   I.   A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

Uses approved as part of a PUD are the uses for that development, despite how the land is zoned. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

Whenever there is a conflict or difference between the provisions of this chapter and those of other chapters of this title, the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this title. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

A PUD for the following principal uses shall contain an area of not less than:

   A.   Three (3) acres for residential development.

   B.   Five (5) acres for residential use with subordinate commercial or industrial uses.

   C.   Ten (10) acres for commercial use.

   D.   Ten (10) acres for industrial use. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

   A.   The development is preplanned in its entirety with the subdivision and zoning controls applied to the project as a whole rather than to individual lots as development occurs. Therefore, densities are calculated for the entire development, usually permitting a tradeoff between clustering of housing and provision of common open space.

   B.   The PUD is usually characterized by a unified site design and while most commonly used for residential development, the techniques are also frequently applied to other forms of development such as shopping centers and industrial parks.

   C.   Occasionally, a PUD may have a mix of uses. The PUD also refers to the process of site plan review, in which public officials have considerable involvement in determining the nature of the development. The technique includes aspects of both subdivision and zoning regulations but permits a variation in the rigid zoning and subdivision regulations.

   D.   A PUD is administered through a conditional use permit (CUP), if approved, must be platted. The applicant may be required with the application to submit a proposed development agreement in conformance with the model development agreement. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

   A.   An application for approval of a PUD shall be filed in the name(s) of the recorded owner(s) of the property.

   B.   One person or entity shall be in control of a PUD and the subject property to ensure that the development can be accomplished, until an approved final plat is recorded. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

   A.   A minimum of ten percent (10%) of the gross land area developed in any residential PUD project shall be reserved for common open space and recreational facilities for the residents or users of the area being developed.

   B.   The required amount of common open space reserved under a PUD shall be held in corporate ownership by owners of the project for the use of each owner who buys property within the development, or shall be sold to the owners of the project as a group or be dedicated to the public and retained as common open space for parks, recreation or related uses. Public utility and similar easements and rights-of-way for watercourses and other similar channels are not acceptable for common open space dedication unless such land or right-of-way is usable and is approved by the commission.

   C.   The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan.

   D.   Every property developed under the PUD approach should be designed to abut common open space, or similar areas. A clustering of dwellings is encouraged.

   E.   Dedicated open space/amenities shall abut any lots that have been reduced below the minimum property size and shall abut multi-family development within the PUD. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

All PUDs must contain a minimum of two (2) amenities of a size appropriate to meet the needs of the development to qualify as a PUD. The amenities may include:

   A.   At least ten percent (10%) of the gross area of the development for open space;

   B.   Private active recreational facilities;

   C.   Swimming pool;

   D.   Tennis court;

   E.   Playground;

   F.   Picnic area;

   G.   Private park;

   H.   Golf course;

   I.   Pedestrian and/or bicycle pathways; or

   J.   Other amenities, including public amenities, approved by the commission. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

Underground utilities, including telephone and electrical systems, are required within the limits of all PUDs. Appurtenances to these systems which can be effectively screened may be excepted from this requirement if the commission finds that such exception will not violate the intent or character of the proposed PUD. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

   A.   When PUDs include commercial uses, commercial buildings and establishments shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections. Plant screens or fences shall be provided on the perimeter of the commercial areas abutting residential areas.

   B.   The plan of the project shall provide for the integrated and harmonious design of buildings and for adequate and properly arranged facilities for internal traffic circulation, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding noncommercial areas.

   C.   All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

   A.   PUDs may include industrial uses if it can be shown that the development results in a more efficient and desirable use of land.

   B.   Industrial uses and parcels shall be developed in park like surroundings utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas or docks and/or outdoor storage of raw materials or products. A planned industrial area shall provide for the harmony of buildings and a compact grouping in order to economize in the provision of such utility services as are required. Thoroughfares shall be kept to a minimum throughout a planned industrial area in order to reduce through traffic.

   C.   Project side yards of forty feet (40') and a rear yard of fifty feet (50') shall be required if the project is located adjacent to any residential uses. All intervening spaces between the right-of-way line and project building line and intervening spaces between buildings, drives, parking areas and improved areas shall be landscaped with trees and plantings and shall be properly maintained. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

   A.   PUDs which are primarily recreational in nature shall be developed utilizing natural surroundings and existing woodlands as buffers to screen nonrecreational uses.

   B.   Buildings shall be harmonious and compatible with the surrounding scenery and terrain. Residential buildings shall be grouped so as to preserve as much land as possible in its natural state and thoroughfares shall be kept to a minimum in order to reduce through traffic.

   C.   All areas designed for future expansion or not intended for immediate development shall be left as natural as possible. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

A development plan shall be filed with the Administrator by at least one property owner or his agent. At a minimum, the plan shall contain the following information:

   A.   Name, address and phone number of applicant.

   B.   Legal description of property.

   C.   Description of existing use.

   D.   Zones.

   E.   Vicinity map prepared by a surveyor or engineer, showing property lines, area in acres, existing streets, current zoning, topography at two foot (2') intervals, existing features including major wooded area, structure, easements, utility lines and land uses.

   F.   A site plan indicting location and type of residential land uses, layout, lot sizes and dimensions, building setback lines, proposed streets and proposed names, utility easements, parks and community spaces, landscape plan, all proposed buildings, and all functional use areas including parking areas, public improvements and open space and such other characteristics as the commission may deem necessary.

   G.   A schedule of the development of units and site to be constructed in progression, a description of design principles and preliminary building plans including general flood plans and exterior elevations, or an architect's rendition thereof.

   H.   Engineering feasibility studies and plans showing water, sewer, drainage, electricity, telephone and natural gas installations; waste disposal facilities; street improvements and nature and extent of earth work required for site preparation and development.

   I.   The application of a development plan shall be accompanied by a written statement by the developer setting forth the reasons why, in his/her opinion, the PUD would be in the public interest.

   J.   Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land and the improvements thereon, including those areas which are to be commonly owned and maintained. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

The commission shall follow the hearing procedures requirements of chapter 3 of this title. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

   A.   The commission shall recommend that the development plan be approved as presented, approved with supplementary conditions or disapproved. The commission shall transmit all papers constituting the record and the recommendations to the Board.

   B.   The commission shall find that the facts submitted with the application and presented to them establish that:

      1.   The proposed development can be initiated within two (2) years of the date of approval.

      2.   Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be obtained.

      3.   The uses proposed will not be detrimental to present and potential surrounding uses and will have a beneficial effect which would not be achieved under standard zone regulations.

      4.   The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and any increased densities will not generate traffic in such amounts as to overload the street network outside the PUD.

      5.   Any proposed commercial development can be justified at the location proposed.

      6.   Any exception from standard zoning requirements is warranted by the design and other amenities incorporated in the final development plan.

      7.   The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.

      8.   The PUD is in general conformance with the plan.

      9.   The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

Within a reasonable time, the Board shall either approve, approve with supplementary conditions or disapprove the application as presented. Upon granting or denying the application, the Board shall specify:

   A.   The ordinance section(s) or standards used in evaluating the application.

   B.   The reasons for approval or denial. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

The approval of a development plan for a PUD shall be for a period not to exceed two (2) years to allow for preparation and recording of the plats and the development of the project. If no construction has begun within two (2) years after approval is granted, the approved development plan shall be void. An extension of the time limit or modification of the approved plan may be granted if the Board of County Commissioners finds such extension or modification is not in conflict with the public interest. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)