Dardenne Prairie City Zoning Code
ARTICLE IV
Pud Planned Unit Development
Section 405.220 Purpose.
[Ord. No. 516 §12(12.01), 6-21-2001; Ord. No. 1341 §19, 8-20-2008]
A.
The provisions of this Article are designed to foster a partnership between the City and developers in order to preserve the rural character and nature of the City and facilitate better site planning and community planning through modification of certain district regulations as they apply to such development and to document conditions of approval for the development.
B.
It is hereby recognized that the regulations of districts in the zoning ordinance, either individually or collectively, might impose unnecessary or undesirable restrictions on the development of the site and thereby prevent achievement of the best possible plan within this Chapter. Therefore, this Article has the following intents:
1.
To permit flexibility in site design.
2.
To achieve more efficient use of land, within the framework and intent of the zoning ordinance, which can result from large scale or multiple-use developments.
3.
To encourage and permit the provision of open space.
4.
To protect and preserve scenic assets and natural features and to incorporate these into the development.
5.
To foster a more stable community by providing a variety and balance of housing types and living environments.
6.
To encourage and permit variety in the location of buildings, roads, parking lots and other facilities and activities.
7.
To increase the safety of pedestrian vehicular traffic by reducing the number of traffic conflict points within a development.
8.
To reduce land cost per dwelling unit in residential developments.
9.
To document the conditions of approval for the development.
C.
This Article is intended to achieve these objectives while promoting and protecting the public health, safety and welfare of the City and while safeguarding the present or future use and development of areas surrounding a proposed Planned Unit Development (PUD).
D.
The PUD designation is intended to be attached to use districts set forth in this Chapter and is not a separate use district. The PUD designation may be attached to a parcel of land at the time its zoning classification is amended or it may be attached to a parcel of land under the zoning district classification(s) existing at the date of application of PUD designation. It is further intended that a PUD designation may be applied to a residential, non-residential or a combined residential/non-residential development. Provisions of the zoning ordinance pertaining to the use district or districts included shall be applicable unless specifically identified as exceptions in the notes on the area and/or Final Plan.
E.
Processing Procedures For Planned Unit Developments.
[Ord. No. 2207, 9-21-2022]
Step 1 | |
Area Plan approval Application and Area Plan submitted to Zoning Administrator — Staff review and comment Planning Commission — public hearing, review and recommendation Board of Aldermen — public hearing and review Board of Aldermen — review and vote | |
Step 2 | |
Final Plan approval Application and Final Plan submitted to Zoning Administrator — Staff review and comment Planning Commission — review and recommendation Board of Aldermen — review and vote | |
Step 3 | |
Construction plan approval (see subdivision regulations) Application and construction plan submitted to Zoning Administrator — Staff review and comment | |
Step 4 | |
Display house plat approval (see subdivision regulations) Application and display house plat submitted to Zoning Administrator — Staff review and comment | |
Step 5 | |
Record plat approval (see subdivision regulations) Application and record plat submitted to Zoning Administrator — Staff review and comment Planning and Zoning Commission — review and recommendation Board of Aldermen — review and vote | |
Step 6 | |
Building permit approval Application and building plans submitted to Zoning Administrator — Staff review and comment | |
Section 405.230 Authority.
[Ord. No. 516 §12(12.02), 6-21-2001; Ord. No. 1341 §20, 8-20-2008]
The Board of Aldermen of the City of Dardenne Prairie shall have the authority to approve Area and Final Planned Unit Development (PUD) Plans. Such plans may be considered by the Board of Aldermen only after the Planning and Zoning Commission has reviewed the plans and submitted its recommendations to the Board.
Section 405.240 Application Procedure.
[Ord. No. 516 §12(12.03), 6-21-2001; Ord. No. 1341 §21, 8-20-2008]
A.
The owner(s) of record or any person(s) acting on behalf of the owner(s) of record of any tract of land in Dardenne Prairie may apply for a PUD designation. The application for a PUD designation shall be for review and approval of an Area Plan for development of the entire tract.
B.
The application may accompany a zoning amendment application for the tract of land in question. Following review by the Planning and Zoning Commission and approval of the Area Plan and designation of the tract of land as a PUD by the Board of Aldermen, a second (2nd) application shall be made for approval of a Final Plan for the entire tract or portion thereof if development is to occur in phases. Such Final Plan may contain minor deviations from the Area Plan due to engineering considerations discovered during the design of improvements.
C.
A separate application for Final Plan approval shall be required for each phase. No construction, grading or other site improvements may commence and no permit shall be issued therefore on a tract with a multiple stage PUD designation until a Final Plan for said tract or part thereof has been approved in accordance with this Section
D.
Each application shall be filed with the Zoning Administrator who shall transmit the Area Plan to the Planning and Zoning Commission for consideration. The application should be filed at least thirty (30) days prior to the Commission meeting at which it is to be first considered.
[Ord. No. 2207, 9-21-2022]
E.
The applicant may appear before the Board of Aldermen and/or Planning and Zoning Commission, prior to application for a PUD designation, to discuss the proposed development.
Section 405.250 Information Required - Area Plan.
[Ord. No. 516 §12(12.04), 6-21-2001; Ord. No. 1053 §3, 9-13-2006; Ord. No. 1341 §22, 8-20-2008; Ord. No. 1684 §1, 5-15-2013; Ord. No. 2207, 9-21-2022]
A.
Application. The application for Area Plan approval shall include the following information:
1.
The name of the proposed PUD.
2.
The names, addresses and phone numbers of the owner(s) of record, developer, engineer, surveyor or designer responsible for the planning, engineering survey and design, registration signature and seal of the designer.
3.
The total acreage in the Area Plan.
4.
A legal description of the entire PUD, including one (1) hard printed copy and one (1) electronic copy in a Microsoft Word compatible format.
5.
Signature(s) of all applicant(s) and all owner(s) of the land included in the Area Plan certifying the accuracy of the requested information.
6.
Receipt from the City Clerk showing paid application fee.
7.
The names and addresses of the owners of all properties or portions thereof within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the property to be affected.
8.
In addition to and separate from the list required pursuant to Subsection (A)(7) above, the names and addresses of the owners of all properties or portions thereof within an area determined by lines drawn parallel to and three hundred (300) feet distant from the boundaries of the property to be affected.
9.
A preliminary stormwater management plan pursuant to the requirements of Chapter 550 of this Code.
10.
Any additional information deemed necessary by the City Engineer or Zoning Administrator.
B.
Area Plan. The application shall be accompanied by two (2) copies of the proposed Area Plan drawn at appropriate scale. Additional copies for distribution to Planning and Zoning Commission and Board of Aldermen members will be requested upon review by the Zoning Administrator and City Engineer. The proposed Area Plan shall contain the following:
1.
The name of the proposed PUD project.
2.
A scale, date and north arrow.
3.
A key map showing the PUD in relation to the surrounding area.
4.
Within two hundred (200) feet of the proposed development, names of adjacent subdivisions, layout of streets (with names), right-of-way widths, connections with adjoining platted streets, widths and locations of alleys, easements and public sidewalks adjacent to or connecting with the tract, location and size of all existing sanitary sewer, storm sewer and supply facilities.
5.
Existing conditions in the plan area showing all utilities, bridges, streets, drives or alleys and existing structures.
6.
Existing topography [at least five-foot contour intervals]. All topographic data shall directly relate to datum from the United States Geological Survey.
7.
The zoning status of the PUD and of all adjacent properties shall be identified on the plan. If the PUD contains more than one (1) zoning district, the zoning district boundary lines shall be clearly indicated.
8.
Boundary lines of school districts, fire districts, water districts and municipal limits shall be identified on the plan where applicable.
9.
The general plan layout of the entire PUD showing proposed land uses, streets, parking areas, open space areas and sidewalks with significant dimensions indicated, where appropriate, to clarify the plan.
10.
All planned use area clearly labeled as to the proposed use and all parcels of lands to be dedicated or reserved for public use or for use in common by property owners in the PUD shall be indicated on the plan for dedication or reservation.
11.
The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of land, buildings and structures, including proposed easements or grants for public utilities.
12.
Proposed stages of development.
13.
Data required for a Site Plan pursuant to Section 405.770 of this Chapter shall be indicated on the Area Plan. The Area Plan shall also include the following:
a.
Total gross area of the PUD Area Plan in acres.
b.
Breakdown of total gross area by land use type such as town houses, single-family, retail shops, open space, church, school, etc.
c.
Residential data.
(1)
Estimated total residential units.
(2)
Average square feet of residential land per each type of residential unit.
(3)
Breakdown of non-residential land by type of use.
(4)
Total parking by land use type and parking ratio per dwelling unit.
(5)
Two (2) density charts shall be required: one (1) reflecting residential density per acre exclusive of public right-of-way and other non-residential land uses; and the other shall reflect residential density exclusive of public rights-of-way without consideration of other types of land uses.
14.
Building elevations of proposed structures.
16.
Flood hazard boundaries as shown on current United States Federal Emergency Management Agency (FEMA) maps.
17.
Depiction of areas of common ground and for stormwater detention/retention facilities.
18.
A note describing how street lighting will be provided and maintained.
19.
All deviations from City ordinances and from the standard zoning district regulations for the uses included along with a statement that no deviations other than those listed are included in the PUD. No deviations other than those listed will be allowed during the review and approval of a PUD Final Plan or Construction Plans.
20.
A statement where streets are stubbed for future extension that a clearly legible sign will be posted, prior to final plat approval, stating "FUTURE STREET."
21.
Easements and rights-of-way for future extension of streets and utilities.
22.
Any additional information deemed necessary by the Zoning Administrator, the City Engineer, Planning and Zoning Commission, Board of Aldermen or any other officer of the City to adequately illustrate the proposed development.
Section 405.260 Procedure for Area Plan Review.
[Ord. No. 516 §12(12.05), 6-21-2001; Ord. No. 1341 §23, 8-20-2008]
A.
Upon receipt of the Area Plan from the Zoning Administrator, the Planning and Zoning Commission shall undertake a study of the Area Plan. The Zoning Administrator shall advise the applicant, in writing, of any deficiencies with the Area Plan and may make recommendations to the applicant as to amendments to the Area Plan that may be necessary for it to conform to the standards of this Chapter and other pertinent ordinances of the City.
[Ord. No. 2207, 9-21-2022]
B.
The Planning and Zoning Commission shall hold a public hearing on the proposed Area Plan within ninety (90) days of the Area Plan application deadline during a regularly scheduled meeting of the Planning and Zoning Commission. Public hearings may be continued by the Planning and Zoning Commission or the Board of Aldermen to another date without further notice other than a motion to be entered on the minutes fixing the date, time and place of the continuance of the public hearing.
C.
Public hearings before the Planning and Zoning Commission and the Board of Aldermen shall be conducted after notice required pursuant to Section 405.871 of this Code. The public hearings may be held jointly with a public hearing on any zoning change for the tract in question.
[Ord. No. 1772 §1, 9-16-2015]
D.
The Planning and Zoning Commission will review the Area Plan application and conduct a public hearing on the proposed Area Plan. The public hearing is open to all citizens. After the public hearing, the Planning and Zoning Commission shall conduct a formal vote on the Area Plan application and either:
1.
Postpone consideration of the Area Plan due to lack of sufficient information to make a recommendation to the Board of Aldermen;
2.
Recommend approval to the Board of Aldermen;
3.
Recommend approval with conditions to the Board of Aldermen; or
4.
Recommend denial of the Area Plan and any request for zoning amendment, if applicable, to the Board of Aldermen.
E.
The Board of Aldermen shall review the Area Plan application and the report of the Planning and Zoning Commission and conduct a public hearing on the proposed Area Plan. The public hearing is open to all citizens. After the public hearing, the Board of Aldermen may either:
F.
If the Area Plan is approved by the Board of Aldermen, the applicant shall review the Area Plan in its approved form. The applicant and the owner(s) of record shall then sign a statement that the approved Area Plan shall be binding upon the applicant and the owner(s) of record and upon their heirs, successors and assigns. The Area Plan shall not be officially approved nor may the applicant submit a Final Plan for the lot or any part thereof until said statement has been signed as required herein. The foregoing approval and signing shall constitute official approval of the PUD designation for the subject tract. Rezoning may be made contingent upon the PUD statement being properly signed.
G.
The PUD designation shall be included in the next update of the official Zoning Map.
Section 405.270 Standards for Area Plan Approval.
[Ord. No. 516 §12(12.06), 6-21-2001; Ord. No. 846 §1, 1-19-2005; Ord. No. 1140 §1, 3-21-2007; Ord. No. 1341 §24, 8-20-2008; Ord. No. 1684 §2, 5-15-2013]
A.
The Planning and Zoning Commission shall determine and shall provide evidence of same in its report to the Board of Aldermen and the Board of Aldermen shall determine, based upon its review of the Commission's report and its own findings, that the proposed Area Plan meets the intent of this Chapter and meets the following standards:
1.
The use of land shall be in conformance with the permitted uses of the district in which the proposed development is to be located and represents land use policy which is logical and acceptable to the City.
2.
Project area densities.
a.
The average density of development within the "PUD" shall remain the same as would be permitted if the area were to be developed conventionally. Average density is to be calculated as total land area excluding public right-of-way, land to be used as stormwater detention basins and common ground. Common ground may be used in the calculations if it is developed with acceptable amenities, or if the property is to be left in its natural state. However, the development (buildings) so permitted may be clustered and located irrespective of yard setback requirements or lot lines in order to create a smaller network of streets and utility lines and to create additional open space for the enjoyment of the residents.
b.
Density bonuses. In order to provide incentive developers to utilize the "PUD", the applicant may be eligible for a maximum cumulative increase of forty percent (40%) in the total number of dwelling units permitted upon application for "PUD" change. Such density increases may be granted only by the Board of Aldermen according to the following:
Maximum Percentage Increase | Design Element | |
|---|---|---|
10% | For each five percent (5%) of net development area devoted to improved usable open space (up to thirty percent (30%) maximum). | |
5% | Provision of pedestrian ways (pedestrian, bicycle paths). | |
5% | Provision of tree and shrub planting, including peripheral and interior screen planting and fencing landscaping and parking lots, and the use of existing trees in the plan. This provision is in addition to the required screening requirements. | |
5% | Creative building site designs, and groupings which take advantage of natural terrain and minimize future water runoff and erosion problems. Basins into the overall design is encouraged. Variations in building design are permissible. | |
5% | Recreational facilities, not to exceed three percent (3%) for each; swimming, tennis court and community center or club building. | |
10% | In an instance where the property to be subject to the "PUD": | |
(i) | Is or was part of a larger contiguous tract of ground under common ownership which was or is to be acquired for a Federally funded interstate highway project, | |
(ii) | Abuts the City limits of the City, and | |
(iii) | Contains no more than thirteen (13) acres in area. | |
c.
Calculations of project density. The Board of Aldermen shall approve any increase in the maximum density allowed in any "PUD". In calculating the density for a tract of land, the developer and/or applicant is encouraged to consult the City's Comprehensive Plan to assure compatibility and harmony with surrounding densities. If density bonuses (increases) are requested under this Section, the developer shall document all site amenities or improvements that support the requested density bonuses for the City's review and consideration.
3.
The proposed development shall be adequately served by public facilities and services, such as highways, streets, Police and fire protection, drainage courses, water and sanitary sewer facilities, refuse disposal; or that the persons or agencies responsible for the proposed development shall be able to provide, in a manner acceptable to the Board of Aldermen, any such facilities and services.
4.
Each phase of the proposed development shall not be dependent upon completion of subsequent phases of the same development for the facilities and services.
5.
The common open space, any other common properties, individual properties and all other elements of the PUD are so planned that they will achieve a unified environmental scheme, with open spaces and all other elements in appropriate locations, suitably related to each other, the site and the surrounding land. All common spaces shall be permanently secured as such to the satisfaction of the Board of Aldermen.
6.
Ingress and egress to the proposed development is designed to minimize traffic congestion on the public streets outside of the development and to facilitate the free flow of traffic, both vehicular and pedestrian, within the development.
7.
Where applicable, the Commission and Board of Aldermen shall determine that noise, odor, light or other external effects from any source whatsoever, which are connected with the proposed use, will not adversely affect adjacent and neighboring areas and uses.
8.
Yard requirements along the perimeter of the PUD shall be at least equal to those required in district(s) in which the PUD is located.
Section 405.280 Effect of Area Plan Approval.
[Ord. No. 516 §12(12.07), 6-21-2001; Ord. No. 1341 §25, 8-20-2008]
A.
Approval of the Area Plan by the Board of Aldermen shall have the following effects:
1.
Approval shall assure the applicant that the Area Plan is acceptable to the Board of Aldermen for three (3) years from the date of approval provided construction is diligently pursued and authorizes the applicant to file a Final Plan for the entire tract or portion thereof if the PUD is developed in phases.
2.
Approval of the Area Plan by ordinance shall confer PUD status to the subject tract and permit modifications of area, lot width, yard requirements and spacing among buildings and structures within the lot, except on the perimeter thereof, all as set forth in the approved Area Plan.
3.
No deviations from the Area Plan approved by the Board of Aldermen shall be permitted except as provided in this Article.
4.
Notwithstanding Subsection (1) above, approval of the Area Plan of a PUD shall expire and be of no effect one (1) year after the date of approval unless a Final Plan for the entire tract, or portion thereof if the proposed development is to occur in phases, has been approved by the Planning and Zoning Commission.
Section 405.290 Information Required - Final Plan.
[Ord. No. 516 §12(12.08), 6-21-2001; Ord. No. 1341 §26, 8-20-2008; Ord. No. 1684 §3, 5-15-2013]
A.
Only after the Board of Aldermen has approved the Area Plan for the proposed PUD, the owner(s) of record, or any other person(s) acting on behalf of the owner(s) of record, may apply for the review and approval of a Final Plan in accordance with this Article. The application for a Final Plan shall be for the entire PUD, or portion thereof if the proposed development is to occur in phases. Each Final Plan application shall contain the name(s), address(es), telephone number(s) and signature(s) of the owner(s) of record and the name, address and telephone number of the developer and contract purchaser (if applicable). The application shall be accompanied by proposed deed restrictions, protective covenants and homeowners' association article of incorporation and bylaws, and sixteen (16) copies of the proposed Final Plan which shall meet the following requirements:
1.
The Final Plan shall be of a scale not to be greater than one (1) inch equals twenty (20) feet nor less than one (1) inch equals two hundred (200) feet and of such accuracy that the Board of Aldermen and Commission can readily interpret the plan and shall include more than one (1) drawing where required for clarity.
2.
The property shall be identified by lot lines and location, including dimensions, angles and size, correlated with the legal description of said property. The plan shall be designed and prepared by a qualified land planner, registered professional architect, engineer or land surveyor. Their registration seal shall be provided on the plan. It shall further include the name and address of the property owner(s), developer(s) and designer(s).
3.
It shall show the scale, north point, boundary dimensions, natural features such as woodlot, streams, rivers, lakes, drains and topography (at least five (5) foot contour intervals); when terrain is irregular or drainage critical, contour intervals shall be two (2) foot and similar features.
4.
It shall show existing manmade features such as buildings, structures, easements, high tension towers, power lines, existing utilities such as water and sewer lines, etc., excavations, bridges, culverts and drains and shall identify adjacent property within three hundred (300) feet and their existing uses.
5.
It shall show the location, proposed finished floor and grade line excavations, size of proposed main and accessory buildings, their relation one to another and to any existing structure to remain on the site and the height of all buildings and structures, as well as building elevations for the buildings proposed.
6.
It shall show the proposed streets, driveways, sidewalks and other vehicular and pedestrian circulation features within and adjacent to the site; also the location, size and number of parking spaces in the off-street parking areas and the identification of service lanes, service parking and loading zones.
7.
It shall show the proposed location, use and size of open spaces and the location of any landscaping, fences or walls on this site. Any proposed alterations to the topography and other natural features shall be indicated.
8.
It shall show the location and size of all existing utilities (public and private) serving the property as well as the location and size of all proposed utilities to serve the property. It shall be stated that all necessary utilities (public and private) will be available, functioning and usable at the time any stage of the project or the total project is ready for occupancy.
10.
All information contained on the Area Plan pertaining to the area included in the Final Plan.
11.
Any other information deemed necessary by the Zoning Administrator, the City Engineer, the Planning and Zoning Commission, the Board of Aldermen or any other officer of the City.
[Ord. No. 2207, 9-21-2022]
Section 405.300 Procedure for Final Plan Review.
[Ord. No. 516 §12(12.09), 6-21-2001; Ord. No. 1341 §27, 8-20-2008]
A.
The Planning and Zoning Commission shall, upon receipt of a Final Plan, study same and either:
B.
The Planning and Zoning Commission shall transmit an approved Final Plan to the Board of Aldermen for its approval or denial. The approval of a Final Plan by the Board of Aldermen shall be done by ordinance. Said ordinance shall include all findings and conclusions of the Board of Aldermen in support of approving the Final Plan.
Upon the denial of the Final Plan by the Board of Aldermen, by means of an affirmative vote of the Board of Aldermen to reject the bill proposing the Final Plan or upon the failure of the bill to pass as an ordinance for lack of sufficient votes in favor, the Board of Aldermen shall, no later than the next regular meeting of the Board of Aldermen, prepare and approve the findings of fact and conclusions of law setting forth the Board's reasons for denying the Final Plan. The date of the Board's approval of the findings of fact and conclusions of law shall be deemed the effective date of the denial of the requested approval of the Final Plan.
C.
The applicant and owner(s) of record shall review the approved Final Plan and sign a statement that the approved Final Plan shall be binding upon the applicant and the owner(s) and their heirs, successors and assigns.
D.
Building permits may be issued after the applicant has signed the required statement and has followed appropriate procedure as defined in Section 405.220.
E.
The procedure of this Section shall be repeated in full for each phase of the development in the approved Area Plan.
Section 405.310 Standards for Final Plan Approval.
[Ord. No. 516 §12(12.10), 6-21-2001; Ord. No. 1341 §28, 8-20-2008; Ord. No. 1684 §4, 5-15-2013]
A.
The Planning and Zoning Commission, in recommending Final Plan approval, shall determine that the following standards have been met:
1.
The Final Plan shall conform to the approved Area Plan, except that minor variations in layout may be permitted at the discretion of the Commission and without amendment of the approved Area Plan. Minor variations include, but are not necessarily limited to, a change in residential floor area, an increase in non-residential floor area of five percent (5%) or less and a change in layout, provided that in the case of a change in layout, the applicant shall provide the Board of Aldermen and the Commission each a revised Area Plan which incorporates such layouts. The revised plans shall each be signed by the applicant and owner(s) of record. Modifications, such as, but not limited to, a change in use, type of street, increase in density or intensity of development, type of dwelling unit or an increase in non-residential floor area of over five percent (5%), shall be considered major changes and shall require amendment of the approved Area Plan. The Board of Aldermen upon recommendation of the Planning Commission shall determine whether a change is minor or major in accordance with this Section.
2.
All dedications shall have been effectuated or, in lieu thereof, proper agreements shall be made with the Board of Aldermen for such dedication in the future.
3.
If the lot is to be developed in phases, each phase shall not depend on subsequent phases for adequate access, utilities or public facilities.
Section 405.320 Preservation and Maintenance of Open Space.
[Ord. No. 516 §12(12.11), 6-21-2001; Ord. No. 1341 §29, 8-20-2008]
All open spaces identified in the approved Area Plan and which are to remain in private ownership shall permanently remain as open space and shall be properly maintained.
Section 405.330 Amendment of a Pud Project.
[Ord. No. 516 §12(12.12), 6-21-2001; Ord. No. 1341 §30, 8-20-2008]
Except as otherwise provided in Section 405.310 of this Code, an approved PUD may be amended at either the Area Plan or Final Plan stage by use of the procedures for original approval. An amendment to a Final Plan which results in a major change in the Area Plan shall require an amendment of the Area Plan and shall be processed in the same manner as the original application with public hearings before the Planning Commission and the Board of Aldermen following due public notice as required by law.
Section 405.340 Expiration of Approvals.
[Ord. No. 516 §12(12.13), 6-21-2001; Ord. No. 1341 §31, 8-20-2008]
A.
If a tract has been designated as a PUD by the Board of Aldermen, said tract shall not be developed or used except in accordance with the approved Area Plan and Final Plan unless and until such designation is removed by formal action of the Board of Aldermen.
B.
Failure to obtain approval of a Final Plan as herein provided shall authorize the Board to revoke, at its discretion, the right to develop under the approved Area Plan and to require that a new Area Plan be filed and reviewed in accordance with the provision of this Article.
C.
Approval of the Final Plan of a PUD shall expire and be of no effect one hundred eighty (180) days after the date of approval unless and until all appropriate fees have been paid and the City shall have approved the improvement plans for the development authorized by said Final Plan. Approval of the Final Plan in a PUD shall expire and be of no effect one (1) year after the date of approval unless construction is begun and is diligently pursued in accordance with the approved improvement plans. Expiration of the approved plan shall authorize the Board of Aldermen to require filing and review of a new Final Plan in accordance with the provision of this Article.
D.
Construction of improvements under an approved PUD shall be completed within two (2) years of the date of approval of the Final Plan. If said improvements are not so completed, the Commission shall not review or approve plans for any subsequent phases of the PUD unless good cause can be shown for not completing same.
Section 405.350 Extension of Time Limits.
[Ord. No. 516 §12(12.14), 6-21-2001; Ord. No. 1341 §32, 8-20-2008]
Upon written request by the applicant, or their successors in interest, the Board of Aldermen may, in its sole discretion and for good cause shown, grant an extension of time of up to one (1) year from the date of the initial expiration of the Area Plan for the date of approval of the Final Plan by the Board of Aldermen (or the initial Final Plan for a PUD that is to be constructed in two (2) or more phases). In granting said extension, the Board of Aldermen may attach any additional conditions deemed necessary above and beyond those required upon the approval of the original Area Plan.
Section 405.360 Violations.
[Ord. No. 516 §12(12.15), 6-21-2001; Ord. No. 1341 §33, 8-20-2008; Ord. No. 2207, 9-21-2022]
The approved Area Plan and/or Final Plan shall have the full force of the zoning ordinance. Any violation of either the approved Area Plan or approved Final Plan shall be grounds for the Zoning Administrator and/or the Code Enforcement Officer to issue a stop work order and to withhold building permits or certificates of zoning compliance until the violation is removed and shall cause the owner of the development to be subject to the penalties provided for in this Chapter.
Section 405.370 Effect of Record Plat Approval.
[Ord. No. 516 §12(12.16), 6-21-2001; Ord. No. 1341 §34, 8-20-2008]
A.
Once a developer has received Final Plan approval, it shall be the developer's responsibility to maintain the following at their sales office.
1.
A description of the developer's/subdivision trustees' responsibilities for common ground within the subdivision;
2.
A copy of the approved Final Plan indicating the nature of all adjacent zonings as of date of approval;
3.
A copy of all indentures, restrictions and covenants; and
4.
The developers shall be required to post notice at the sales office that these items are available for review.