(a)

Intent. It is the intent of this Section to identify areas to accommodate innovative approaches to residential, recreational, commercial and industrial land uses. Planned unit developments are encouraged to bring about innovative approaches to development, creative designs of land uses, preservation of significant natural features within the Town, retention of historic structures and sites, retention of open space, compatibility with overall community objectives and consideration of environmental concerns.

(b)

Definition. Planned unit development means a tract or parcel of land controlled by one (1) or more landowners, which is developed under a single development plan for either a number of residential units, business, commercial, industrial, educational, recreational uses or any combination of the foregoing. In addition to a development plan, a development guide shall be prepared and the development guide shall reflect the variations in lot size, bulk, type of use or activity, density, lot coverage, open space or other regulations modified and approved by the Board of Trustees upon the recommendation of the Planning Commission.

(c)

General requirements:

(1)

There shall be no minimum area required for any planned unit development.

(2)

Parks, school sites or sites for other public purposes shall be provided as determined by the Planning Commission and the Board of Trustees.

(3)

The uses permitted in a planned unit development shall be those indicated in the development guide.

(4)

Planned unit developments shall be under single development responsibility in accord with a unified plan for development, even though the property may be under single or multiple ownership. Each owner is responsible for developing his, her or its portion of the project in accordance with the overall plan. The current and/or future owners and their assigns shall be required to develop the proposed project in accordance with the approved development guide.

(5)

The general location of all major arterials and collectors shall be shown on the development plan.

(6)

Connection to public water and sewer facilities shall be required in any planned unit development.

(7)

All utilities shall be placed underground unless unable to for engineering reasons.

(8)

Structures located along the perimeter of the development must be set back and/or screened in a manner which is recommended by the Planning Commission and approved by the Board of Trustees.

(9)

Setbacks and lot sizes required in the individual zoning categories may be modified or varied. Such modifications shall be in accordance with standards and procedures established in the development guide for the proposed planned unit development.

(10)

Any planned unit development shall submit a development guide which establishes the standards, variations and requirements for the development which may be divergent from the standards of the zoning regulations of the Town. Those conditions established by the development guide and approved by the Board of Trustees shall be recorded and utilized for development and review of the project.

(11)

Planned unit developments and development guides shall not contain provisions that address parking requirements, sign control or landscaping requirements. The provisions of this Chapter shall control planned unit developments with respect to parking, sign control and landscaping. Refer to Article VI for parking requirements, Article XII for sign regulations and Section 16-2-50 of this Chapter for landscaping requirements.

(d)

Amenities. The amenity contributions will be a function of project size. The applicant or developer will be expected to offer amenities commensurate with the project's scope and complexity. The amenities contributed shall be based on the development at build-out. Amenity contribution should be evenly spread in a prorated fashion rather than on the back end of the development. A minimum two (2) of the following amenity applications shall be provided in the PUD:

(1)

Active recreational amenities, such as playgrounds; basketball or tennis courts; baseball, soccer or rugby fields; swimming pools; natatoriums; walking and running paths; clubhouse; school sites; etc., of a size and nature suitable to adequately serve the patrons of the development and located within a walkable distance for the intended users. The active recreational areas shall employ designs and safeguards to accommodate all age groups. The applicant or developer shall provide adequate off-street parking facilities for active residential amenities of a parking lot size and scope sufficient to accommodate the PUD patrons. Off-street parking standards are defined in Article VI of this Chapter.

(2)

Pedestrian and bicycle pathway systems within and throughout the project (exclusive of required sidewalks adjacent to public right-of-way) and designed to connect into existing or planned pedestrian or bicycle routes outside the PUD. These pathway systems shall be designed and constructed in accordance with the Town's development standards. The PUD shall employ trail systems that provide access to parks and open space interspersed at distances through blocks not to exceed six hundred sixty (660) feet in keeping with the spirit and intent of the Americans With Disabilities Act (ADA). The circulation systems, parks and open spaces shall have recorded public easements through them so they may be utilized by the citizens of the Town in order to create a barrier-free community. Equestrian use may be integrated into the circulation system and should be taken into consideration.

(3)

Other amenities appropriate to the size and uses intended in the PUD.

(4)

The manner of maintenance and responsibility for PUD amenities shall be specified by the applicant or developer prior to Board of Trustee approval of the final development plan and plat. Under no circumstances is the public responsible for the care and maintenance of PUD amenities, unless dedicated to and accepted by the Board of Trustees or unless agreed to through a public/private partnership agreement constructed as part of the review process.

(e)

Concurrent review. If there are other land use applications associated with the PUD, they may need to be reviewed at the same time as determined by the Planning Director or his or her assignee.

(f)

Clustering. Buildings may be clustered to preserve open space. Clustering of dwelling units and commercial and industrial uses are encouraged, as long as the buffer yards, open space and emergency access are adequately planned. Buffer yards shall be required to separate different uses in order to eliminate or minimize potential interference and nuisance on adjacent properties. The Town may require clustering to avoid development along Gold Creek or Running Creek corridors, floodways, wetlands or other environmentally sensitive areas.

(g)

Open space. A minimum of twenty percent (20%) of the development's gross land area shall be set aside for open space purposes, with a minimum of ten percent (10%) as active open space and mutually exclusive of the required residential buffer applications as applied to the development according to the Town's landscape plan as described in Section 16-2-50 of this Chapter. The open space shall be distributed throughout the PUD so as to provide recreation and open space access to all residences of the development and their guests. The open space areas shall be adequate in size to accommodate these residents and their guests. The land set aside for open space purpose shall be usable land rather than some disposable land remnant. The open space area shall be safe for its occupants. Accordingly, areas intended for storm water use, occupied by overhead high power lines, designated as Brownfield areas, floodplains, within utility easements or possessing similar health safety conflicts, may not qualify as open space as determined by the planning commission and/or the Planning Director. Open space areas placed next to open drainage or irrigation systems, creeks or other potential hazards shall have adequate development safeguards employed to safely mitigate the presence of these features.

(h)

Procedure. The procedure for creating a PUD District or for any modification to a development guide or development plan shall be considered a rezoning and shall follow the procedures outlined in Section 16-1-240 of this Article.

(i)

Inactive developments or inactive land within a development. Any parcel or tract of land which has been granted PUD zoning, or any portion of land within a development which has been granted PUD zoning for a period in excess of three (3) years prior to the effective date of the ordinance granting PUD zoning, and for which no preliminary or final plat has been approved by the Board of Trustees or no public improvements have been constructed or secured for such parcel or tract or portion thereof, shall be required to submit to and receive from the Board of Trustees approval of a development plan amendment which shall comply with all requirements of the Land Development Code in effect at the time of amendment prior to the submission of a preliminary plat, final plat or site plan. The request for an amendment shall follow the procedures outlined in Section 16-1-240 of this Article.

(Ord. 12-02 §1)