A.   A planned unit development (PUD) is a privilege that will be granted in only those cases that it is determined by the adoption of a PUD ordinance that a PUD will promote proper development which is of benefit to the town community as a whole. A PUD is not a right which can be claimed solely by apparent compliance with standards established in this article.

   B.   This article encourages innovations in development so that the growing demands for housing may be met by greater variety of type, design and siting of dwellings which promotes the conservation and more efficient use of land. This article also encourages the conservation and more efficient use of land for non-residential development. This article recognizes that a rigid set of space requirements along with building and use specifications would frustrate the application of these concepts. Accordingly, where a PUD District ordinance is deemed appropriate, the land may be designated and developed as a PUD District in strict accordance with the ordinance that must be adopted pursuant to I.C. 36-7-4-1500 et seq.

   In order to carry out the intent of this article, a PUD should endeavor to provide:

   A.   A choice in the types of environment, occupancy tenure, types of housing, types of ownership and community facilities available to existing and potential residents;

   B.   Usable open space and recreational areas;

   C.   Convenience in the location of accessory, commercial and service areas;

   D.   Preservation of natural topographical and geological features with emphasis on:

      1.   Prevention of soil erosion;

      2.   Conservation of existing surface and sub-surface water; and

      3.   Preservation of tree cover, unique or sensitive natural areas and/or preservation of quality open space.

   E.   A safe and efficient network of streets;

   F.   An efficient network of utilities;

   G.   The development of land consistent with the objectives of the Comprehensive Plan; and

   H.   A more efficient utilization of the land than what might be obtained through other development procedures.

   No authority to conduct secondary review of a PUD District ordinance under I.C. 36-7-4-1509(c) is granted as the Town Council expects that any PUD District ordinance presented to it shall express in detailed terms the development requirements that apply, as opposed to development requirements being expressed in general terms. In situations where the PUD District ordinance includes detailed terms of development requirements that apply, secondary review of the PUD District ordinance is not required. However, all platting requirements of this appendix is hereby adopted as the procedure for platting all parcels of real property for which a PUD District ordinance is adopted.

   A.   A petitioner, who must hold either legal or equitable title to the real estate in question, files a concept plan at the office of the town’s Clerk-Treasurer at least 20 days prior to the next regular meeting of the Plan Commission for preliminary review by department heads. Any revisions as a result of the preliminary review by department heads shall be filed at least ten days prior to the next regular meeting of the Plan Commission. The concept plan does not require a formal application, a fee or the filing of a proposed PUD District ordinance.

   B.   The Plan Commission shall review the concept plan and its related documents. The Plan Commission may call upon other public and/or private consultants as necessary to provide a sound review of the concept plan. This review of the plan is only concerned with general conceptual merit and in no way shall commit to any future acceptance or rejection of the detailed PUD District ordinance.

   C.   Once concept plan review has been deemed completed by the Plan Commission, the petitioner may submit its formal proposed PUD District ordinance to the Plan Commission. These documents must be filed at least 20 days prior to the next regular meeting of the Plan Commission for preliminary review by department heads. Any revisions as a result of the preliminary review by department heads shall be filed at least ten days prior to the next regular  meeting of the Plan Commission, unless the Plan Commission waives this requirement, and the petitioner must pay all applicable fees at this time.

   D.   The Plan Commission will then determine whether the proposed PUD District ordinance is in proper form and contain all of the information required by this article and, in the event that these questions are answered in the affirmative, shall then set this matter for a public hearing in accordance with its rules and regulations for public hearings.

   E.   A petitioner must meet with the town’s Department of Parks and Recreation for purposes of obtaining the Park Board’s recommendation to the Plan Commission concerning open space for this development.

   F.   The Plan Commission holds a public hearing on the proposed PUD District ordinance.

   G.   When official action is taken by the Plan Commission on the proposed PUD District ordinance, the Plan Commission must certify its official action to the Town Council with either a favorable recommendation, an unfavorable recommendation or no recommendation.

   H.   The Town Council shall consider the proposal for a PUD District ordinance in accordance with I.C. 36-7-4-608.

   I.   In the event a PUD District ordinance is adopted, the petitioner may then proceed with primary and secondary plat approval before the Plan Commission utilizing the same procedures and requirements as set forth in the subdivision regulations found in Article X of this appendix of the town code as if the same had been reprinted herein in its entirety. However, in order to assist petitioners in this process, petitioners shall be allowed to initiate the primary plat approval process during the PUD District ordinance process so that the same night the public hearing takes place for the PUD District ordinance, a properly prepared petitioner may request the Plan Commission to set a public hearing for primary plat approval for the development.

(Ord. 2015-04, passed 4-27-2015; Ord. 2006-05, passed 4-10-2006)

   A.   No building or structure shall be closer than 25 feet to any lot line dividing land inside the PUD District from land zoned or used as residential outside the PUD District.

   B.   All of the regulations of this appendix concerning both uses and development standards shall apply to the PUD District, unless the PUD District ordinance provides for and specifically delineates the variances requested from the use districts and development standards set forth in this appendix.

   A.   Site and structure regulations for PUD Districts shall adhere to the following regulations.

      1.   Plot and lot sizes, dimensions, structure heights and locations thereon may be freely disposed and arranged in conformity to the overall density standards recommended by the Plan Commission or stated in this article. Minimum lot size, frontage and maximum lot coverage are specified in this appendix, however, in order to vary this appendix regulations concerning same, a request must be made. The Plan Commission may be guided by common, good planning practice.

      2.   District regulations governing side and rear yard sizes in residential areas may be varied. However, proper buffering and landscaping must be included in the proposed PUD District ordinance when conflicting or dissimilar land uses abut.

      3.   A minimum of a 30-foot front yard setback shall be provided on any county road, state or federal highway, or on any thoroughfare designated as arterial or collector in the thoroughfare component of the Comprehensive Plan. This minimum may be altered in the sound discretion of the Plan Commission and Town Council in mixed use or non-residential portions of the PUD District Ordinance as specifically delineated in same.

      4.   All open spaces between structures shall be protected by fully recorded covenants running with the land.

      5.   Every residential dwelling unit, business or industrial complex or building shall have access to a public street, court, walkway or other area dedicated to public use or subject to an easement for access. The boundaries and extent of the lot or plot upon which any single unit detached or attached dwelling is located shall be clearly defined and monumented.

      6.   Right-of-way and pavement widths for internal ways, streets and alleys shall be determined from sound planning and engineering standards in conformity with the estimated needs of the full development proposed and the traffic to be generated not only from the development, but from adjoining parcels of land and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking, loading needs and the access of firefighting equipment and other emergency vehicles.

   B.   The developer of a PUD District shall furnish public water and sanitary sewage facilities based on agreement with the appropriate municipal officials and/or utility companies. The developer shall provide all necessary storm drainage, highway access, paved service streets, parking facilities, fire hydrants, off-street lighting and other public improvements deemed necessary by the town, and shall make reasonable provision for service to the connection with adjoining properties held in other ownership.

   Usable open space is of paramount importance to any proposed PUD District ordinance. Usable open space is considered to be land easily adaptable for active recreational uses such as softball fields, soccer fields and the like along with passive uses such as recreational trails, picnic areas and the like. At a bare minimum, any PUD District ordinance proposal must contain provisions for lands for local park and recreational purposes in accordance with §§ 1000-101 through 1000-103 of this appendix.

   A.   The PUD District ordinance should substantially conform to the Comprehensive Plan with respect to type, character and intensity of use and public facilities. Exceptions to the town’s Comprehensive Plan may be made in the adoption of a PUD District ordinance when there would be a direct and substantial benefit to the town.

   B.   The PUD shall be located in an area in which transportation systems, police and fire protection, other public facilities and utilities, including sewage and water, are or will be available when the parcel is developed and are adequate for the uses proposed; provided, however, that, the petitioner may make provisions for such facilities or utilities which are not presently available.

   C.   There is no minimum PUD size contained in this appendix.

   D.   In examining the proposed PUD District ordinance, the Town Council and its Plan Commission shall consider the following:

      1.   Compatibility of the development with surrounding land uses;

      2.   Availability and coordination of water, sanitary sewers, storm water drainage and other utilities;

      3.   Management of traffic in a manner that creates conditions favorable to health, safety, convenience and the harmonious development of the community. In considering the criteria listed under this number, the proposed PUD District ordinance must provide for the following:

         a.   The design and location of the proposed street and highway access points minimize safety hazards and potential congestions;

         b.   The capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development; and

         c.   The entrances, streets and internal traffic circulation facilities in the proposed PUD District ordinance and development plan are compatible and, wherever feasible, connectible with existing and planned streets and adjacent developments.

      4.   Whether the major components of the PUD District are appropriately located and are able to continue to function as a sole and separate unit if all phases of the PUD are not completed, taking into consideration factors such as the infrastructure guarantee procedures and subdivision regulations all as found in this appendix;

      5.   Building setback lines;

      6.   Density of proposed development;

      7.   Building coverage;

      8.   Building separation;

      9.   Vehicle and pedestrian circulation;

      10.   Parking;

      11.   Landscaping;

      12.   Height, scale, materials and style of improvements;

      13.   Signage;

      14.   Open space including park and recreational space;

      15.   Outdoor lighting;

      16.   Conformance to town standards;

      17.   Whether or not the PUD is a genuine PUD or represents an attempt to circumvent the prescribed zoning and/or subdivision regulations without a resulting benefit to the town’s community as a whole;

      18.   Effects on public health, safety, morals and welfare;

      19.   Preservation of natural topographical, geological features with emphasis upon:

         a.   Prevention of soil erosion;

         b.   Conservation of existing surface and subsurface water;

         c.   Preservation of sensitive or unique natural areas; and

         d.   Preservation of major trees or other environmental enhancing features.

      20.   Other requirements considered appropriate by the Town Council and its Plan Commission.

   Table A located in the § 505 shall apply to uses for the proposed PUD District ordinance. However, the uses may be varied by complete compliance with this article in the sound discretion of the Town Council upon receiving advice from its Plan Commission.

   A.   In order to allow the Plan Commission and the petitioner to reach an understanding of the basic design requirement prior to detailed design, the developer shall submit as its concept plan the following:

      1.   An area map showing the property proposed to be developed as a PUD and also adjacent property owners and existing uses located within 300 feet of the parcel in question;

      2.   A legal description of the parcel proposed as a PUD;

      3.   A list of all requested variances from this appendix that the petitioner wishes to be a part of this PUD;

      4.   A list including location of all proposed uses to be contained within the PUD; and

      5.   A sketch plan approximately to scale, though it need not be to the precision of a finished engineering or architectural drawing, that clearly shows the following:

         a.   The existing features of the site including topography;

         b.   The proposed location of the various uses and their areas in acres;

         c.   The general outlines of the proposed interior roadway system and all existing rights-of-way and easements, whether public or private;

         d.   Delineation of the various residential areas indicating for each such area its general extent, size and composition in terms of total number of dwelling units and approximate percentage allocation by dwelling type;

         e.   Delineation of the various non-residential areas such as commercial or industrial areas, indicating for each such area its general extent, size and composition in terms of total number of buildings and approximate percentage allocation by unit type;

         f.   A calculation of the residential density in dwelling units per gross acre including interior roadways;

         g.   The interior open space system including land to be utilized for park and recreational purposes;

         h.   Where portions of the site are subject to flooding, the plan shall indicate extent and frequency;

         i.   Where areas lie in aircraft approach and holding patterns such areas shall be indicated;

         j.   The proposed provision for disposition of storm water and sanitary sewage and source of water service;

         k.   The substance of any covenants, grants, easements or any other restrictions to be imposed upon the land or buildings including easements for public utilities;

         l.   The proposed provisions for streets, walkways and parking including locations and widths;

         m.   The general description of the availability of other community facilities such as schools, fire protection services, parks and how these facilities will be affected by the proposal;

         n.   General statement as to how common open space is to be owned and maintained; and

         o.   If the development is to be phased, a general indication of how the phasing is to proceed.

   B.   The purpose of the concept plan is to obtain as much information about the proposed PUD as possible and to make advice and assistance available to the petitioner, and to allow the Plan Commission, the town’s department heads and the petitioner to discuss the proposal and determine whether a PUD based, in general, upon the concept plan appears to be in general compliance with this article.

   A.   Once the Plan Commission has concluded the concept plan process by giving its advice to the petitioner, the petitioner may then formally submit an application on the form prescribed by the Plan Commission for a PUD District ordinance. The proposed PUD District ordinance shall express, in detailed terms, all development requirements that apply to the proposed PUD District. It is understood and agreed to by the petitioner that all town standards, use and development standards shall apply to the PUD District unless the variances to same are specifically delineated in the written text portion of the PUD District ordinance.

   B.   All PUD District ordinances will consist of two components, the first being the written text of the ordinance and the second being the detailed plan for the development of this parcel in the form of a drawing as set forth in this section.

      1.   The written text portion of the PUD District ordinance shall contain at least the following:

         a.   Name and address of petitioner;

         b.   Legal description of proposed PUD District;

         c.   A copy of the recorded document showing petitioner’s ownership interest in this parcel;

         d.   All town standards, use and development standards unless the variances to same are specifically delineated;

         e.   Delineation of all uses and area in acres of each proposed use;

         f.   Total number of residential units and percent of each type of each residential uses;

         g.   Delineation of each business and/or industrial use, and total area in acres of each business and/or industrial use;

         h.   Phasing schedule of development;

         i.   Detailed description of location and proposed use for all proposed open and/or recreational spaces;

         j.   General description of community services available to the proposed PUD District’s residents including schools, fire protection, parks and all public/private utilities;

         k.   General statement on proposed ownership and maintenance of common open space;

         l.   Proposed construction schedule; and

         m.   A general statement demonstrating how the proposed PUD District ordinance conforms to:

            1.   The objectives of PUD Districts as set forth in § 702 of this appendix, which shall include a specific written submission addressing the items in § 708S. of this appendix, having to do with preservation of natural topographical and geological features of the land in a proposed PUD District; and

            2.   A list of all proposed written commitments concerning the use and development of the land contained in the proposed PUD District ordinance.

      2.   The drawing portion of the PUD District ordinance showing the plan of development for this parcel shall include 15 copies of the proposed plan of development with the following information:

         a.   An area map showing the property under consideration and all properties and easements within 300 feet of petitioner’s property;

         b.   A topographic map showing contour intervals of not more than two feet of elevation shall be provided;

         c.   The drawing shall include:

            1.   The name and address of the petitioner;

            2.   Legal description of proposed PUD District;

            3.   North point, scale and date;

            4.   Boundaries of the properties platted to scale;

            5.   Existing water courses;

            6.   A development plan showing location, proposed use and height of all buildings;

            7.   Location and proposed development of all open spaces including parks, playgrounds and open reservations;

            8.   All areas where natural vegetation will be preserved shall be noted;

            9.   Location of outdoor storage, if any; and

            10.   Location of all existing and proposed infrastructure improvements, including  roads, sidewalks, pedestrian ways, bike paths and the like, drains, culverts, retaining walls and fences, retention or detention ponds and the like, descriptions of the methods of sewages and solid waste disposal and water utility, and location of such facilities, location and size of all signs, location and design of all streets, parking and truck load areas with ingress and egress drives relating to same and including proposed lighting for parking or truck loading areas.

         d.   A transparent overlay or separate map showing all soils, areas and their classifications, including those areas with moderate to high susceptibility to flooding and moderate to high susceptibility to erosion.

   C.   In its review, the Plan Commission and/or Town Council may wish to consult with the Town Engineer, the Town Attorney, its other departments, including, but not limited to, representatives of federal and state agencies including the Soil Conservation Service, Department of Natural Resources, Army Corps of Engineers, and the Indiana Department of Environmental Management. Independent consultants or companies may be retained by the Town Council or its Plan Commission to seek assistance to properly review the proposed PUD District ordinance. All consultant and other fees required by this appendix to be paid by the petitioner shall be paid on an ongoing monthly basis throughout the entire PUD District and platting process with the last payment required within 30 days after the conclusion of the PUD District ordinance process and then again within 30 days after the conclusion of the platting process. All fees required must be paid regardless of whether the proposed PUD District ordinance of the applicant is approved, amended, rejected or withdrawn by the petitioner or dismissed for lack of prosecution of same by the petitioner. The Town Council or its Plan Commission may also require such additional information in any proposed PUD District ordinance that appears to said boards to be of assistance in its consideration of this matter.

   A.   When adopting or amending a PUD District ordinance, the Town Council may do any or all of the following:

      1.   Impose reasonable conditions on a proposed PUD; and/or

      2.   Allow or require the petitioner, as owner of the real property contained within the PUD District ordinance, to make a written commitment concerning the use and development of this parcel in a manner authorized by I.C. 36-7-4-1015.

   B.   The circumstances under which a written commitment can be made, modified or terminated will be all circumstances in which the making, modification or termination of a written commitment is deemed to be in furtherance of the intent and the objectives contained in this article as determined in the discretion of the Town Council, in the case of the adoption or amending of a PUD District ordinance. The Town Council may require or allow a written commitment, or may approve or disapprove modification or termination of a written commitment to any extent it deems appropriate in attempting to further the intent and objectives of this article.

   C.   The Town Council may permit or require a written commitment by the petitioner which shall be in written form, and detailed on the written portion of the PUD District ordinance and also on the plat of development for the PUD District in recordable form acceptable to the office of the Recorder of the county. The written commitment may be enforceable by the town or its Plan Commission or any property owner within the PUD District or any property owner within 300 feet of the PUD District. Enforcement by the owners of property within the PUD District or property owners within 300 feet of the PUD District are determined to be classes of specially affected persons who may enforce a written commitment by the seeking of an injunction and/or damages in a court of competent jurisdiction. The Town Council and/or its Plan Commission is also considered a class of specially affected persons who may enforce a written commitment in the same manner in which private citizens may as set forth above. Additionally, the Town Council or its Plan Commission may, through the Town Attorney, file suit against the offending party in any court of competent jurisdiction seeking a restraining order, temporary or permanent injunction, and also a fine of up to $2,500 per day for each violation of the existing written commitment. Additionally, no building or occupancy permit shall be issued for land within the PUD District while a violation of the written commitments exist.

   D.   The notice and hearing required for the granting, amending or termination of a written commitment shall be part of the process for consideration of the PUD District ordinance. No termination or modification of a written commitment may be had unless a public hearing is held by the Plan Commission, with due notice to all parties located within 300 feet of the PUD District and given at least ten days before the date set for the hearing. All other rules of the Plan Commission shall apply in determining how notice is to be given to interested parties and who is required to give that notice.

   A.   Once a PUD District ordinance is adopted by the Town Council, the petitioner then may make application upon such forms and upon the payment of all required fees with the Plan Commission, who shall have exclusive jurisdiction over the platting contained within a PUD District.

   B.   No building permits for the construction of any structures, other than public improvements required for the PUD District, shall be issued until the secondary plat of the PUD has been approved and recorded and also until the written guarantee for the infrastructure has been posted and accepted by the Plan Commission.

   A.   Any  amendments to a  PUD District ordinance will be processed in the same manner as a zone map change in accordance with this appendix and the Code of Indiana.

   B.   There shall be a public hearing and recommendation by the Plan Commission, with proper notice therefor.

   C.   The Town Council shall act upon the recommendation at a properly noticed public meeting within 90 days of certification of the PUD amendment by the Plan Commission.

   A.   Any person, firm, corporation, partnership, limited liability company or any other entity that files a petition for a PUD District ordinance shall be charged a fee in accordance with the schedule of fees established by the Town Council, as noted in this appendix as is amended by the attached fees for PUDs. Additionally, any person, firm, corporation, partnership, limited liability company or any other entity shall also be responsible for any costs incurred in the filing of the secondary plat or amendments thereto with the County Recorder and the costs of any paid consultants to the Town Council or its Plan Commission including, but not limited to, that of the Town Attorney and the Town Engineer who shall be paid at their prevailing hourly rate for the time in which the work is performed.

   B.   No building permits shall be issued for any construction in any PUD District for which the aforementioned fees and costs are unpaid.

   In administering its responsibilities pursuant to this appendix, the Town Council and/or its Plan Commission may promulgate any rule, enter into negotiations or procedures consistent with this appendix and/or state law.