It is the intent of this article to encourage flexible and creative concepts in site planning and building arrangements under a unified plan of development rather than under conventional lot-by-lot regulation. The developer benefits from better land utilization, economy in the provision of roads and utilities, and flexibility in design. The community benefits from efficient use of land, preservation of natural amenities and environmentally sensitive areas, and lower development and housing costs. Review and approval of the development plan provides the opportunity to ensure that the development will be in harmony with the character of the neighborhood in which it is located.

(Ord. No. 041706-A, § 1(exh. A), 4-17-2006)

The review shall consider the following general objectives and purposes to result in approval or denial of a proposed planned unit development:

19-2.1.

Whether the development will be compatible with the topography, hydrology, and other natural features of land; and whether any unusual topographic or other natural features will be disturbed.

19-2.2.

Whether the character, design, and layout of proposed land uses are adequate and appropriate to encourage desirable living conditions and to provide for separation and screening between dissimilar uses within and adjacent to the PUD.

19-2.3.

Whether the development will be able to preserve and protect the natural amenities including watersheds, wetlands, groundwater recharge areas, floodplains, steep slopes and wooded areas.

19-2.4.

Whether the development will adversely affect developed or undeveloped neighboring properties.

19-2.5.

Whether the existing and/or proposed streets, utilities, and other public services are adequate to serve the development, including perpetual maintenance and adequate security.

(Ord. No. 041706-A, § 1(exh. A), 4-17-2006)

19-3.1.

Planned Unit Development—Residential (PUD R). PUD-R is a planned residential development without commercial facilities. The minimum acreage requirement is five acres.

19-3.2.

Planned Unit Development—Commercial (PUD-C). PUD-C is a planned residential development with commercial uses. The minimum acreage requirement is 15 acres.

19-3.2.1.

Amount and type of commercial uses. The proposed commercial uses shall be designed to primarily serve the planned development and shall be justified by the developer in a required market analysis report that contains the following information:

(1)

The trade area of the proposed commercial facilities including present and prospective population.

(2)

The effective buying power in such trade area.

(3)

The extent that the proposed commercial facilities already exist in the trade area.

(4)

The need for the proposed facilities.

19-3.2.2.

Floor area ratio. There shall not be less than four square feet of commercial lot area for each one square foot of permitted commercial floor area (FAR .25).

19-3.2.3.

Design layout. Layout of parking areas, service areas, entrances, exits, yards, courts and landscaping serving commercial facilities permitted in a planned unit development and control of signs, lighting, noise or other potentially adverse influences shall be designed to protect the residential character within the planned unit development and any adjoining residential district.

19-3.2.4.

Retail sales and service. All retail sales and services permitted shall be conducted entirely within a wholly and permanently enclosed building(s) which shall be of an architectural design compatible with the residential structures within the planned unit development.

19-3.2.5.

Building permit approval. No building permit for any approved commercial facility shall be issued until at least 35 percent of all planned residential dwelling units have received a certificate of occupancy.

(Ord. No. 041706-A, § 1(exh. A), 4-17-2006)

19-4.1.

PUD Locations and abutting developments. A PUD must meet required standards and will be approved after approval of a rezoning or annexation request. Commercial uses, attached dwelling units, or multi-family developments within a proposed PUD shall be designed with sensitivity to existing single-family detached residential dwellings that surround the PUD. Access to such facilities shall generally be from internal streets serving the planned development.

19-4.2.

One principal building per lot. Lots developed for single-family detached dwellings shall have only one principal building per lot.

19-4.3.

Separation of buildings. The minimum distance between all principal buildings shall be 30 feet, except for Accessory Structures which shall be at least ten feet from any principal building. Such distance shall be measured from the outermost projection of any part of the building.

19-4.4.

Minimum floor area. The minimum total floor area for each residential use shall conform to the City of Ellijay Zoning Ordinance, section 4.6.

19-4.5.

Gross density. The maximum gross density in a PUD shall not exceed eight dwelling units per acre.

19-4.6.

Ownership. Planned unit development sites shall be under single ownership and/or unified control until developed. If upon application, the applicant does not have a full ownership interest in the land, then evidence of full ownership by a single individual, a partnership, tenants in common, a corporation, or by some other legal entity must be provided before the final site plan and final plat are approved.

19-4.7.

Streets and parking requirements. Principal vehicular access points to a planned development shall be designed to permit smooth traffic flow and minimum hazards to vehicular or pedestrian traffic. Internal traffic circulation systems must be designed to assure safety, convenience, and adequate access by both public and emergency vehicles to dwelling units and non-residential facilities.

a.

Public or private streets. The application for a planned unit development shall stipulate whether the streets within the development are to be public or private. If the streets are proposed to be private, the developer shall submit a legal instrument or instruments setting forth a plan for the perpetual maintenance and repair of the proposed private streets. Regardless whether the streets are publicly or privately owned and maintained, they shall be constructed to the minimum standards specified in the Ellijay Subdivision Regulations and per the detailed construction specifications available from the Ellijay Code Enforcement Department.

Exception. Commercial developments within a PUD shall be accessed by private streets only.

b.

Parking. Parking facilities within a planned unit development shall be a minimum of ten feet wide and 18 feet long.

19-4.8.

Buffer requirements. The perimeter of the PUD must at a minimum, comply with the buffer requirements stated in section 19-6 of this article. All buffer areas shall be designated on the appropriate permit application(s) and indicated as a permanent buffer on the required site plan or final subdivision plat, as appropriate.

19-4.9.

Utilities. All planned unit developments shall be served by a public water system and a public sewage disposal system or a community sewage treatment system approved by the appropriate state or local authorities.

19-4.10.

Deed covenants. The entire planned unit development shall be included within private deed covenants running with the land to ensure the continuance of the planned unit development in accordance with approved plans and developments.

19-4.11.

Homeowners association. A declaration of covenants and restrictions that will govern the homeowners association shall be submitted as evidence that the association is established before any homes are sold and shall include provisions requiring that:

a.

Membership must be mandatory for each buyer and any successive buyer.

b.

The open space restrictions must be permanent, not just for a period of years.

c.

The association must be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities.

d.

The association must be able to adjust the assessment to meet changing needs.

19-4.12.

Coordination with subdivision regulations. Review of a planned unit development under this section shall be submitted in a form and sequence that satisfies the preliminary and final plat requirements of the Ellijay Subdivision Regulations. The approved final plat shall be recorded in the same manner as other subdivision plats along with the necessary covenants and restrictions applicable to the development. Individual properties in a planned unit development may not be sold until the final plat is approved and recorded.

19-4.13.

Open space requirements.

a.

Common open space shall comprise at least 40 percent of the gross area of the planned unit development to be used as recreational or park facilities, or as an environmental amenity for the collective enjoyment of the occupants of the development. Common open space shall not include public or private streets, parking areas, driveways, or utility rights-of-way.

b.

Land area proposed for common open space shall be distributed throughout the planned unit development (PUD) in such a way that all residential dwellings located within the PUD shall have convenient access to it and reasonable use of such space.

c.

A planned unit development shall be approved subject to the submission of a legal instrument (i.e., homeowners association) setting forth a plan for the permanent care and maintenance of such open spaces, recreation areas, private streets and other communally owned facilities. Such instrument shall be approved by the city attorney as to legal form and effect.

d.

The required open space shall be developed and landscaped by the developer in accordance with an approved plan.

19-4.14.

Signage. Signage within a PUD are limited to only ground, window, or wall signs as defined by the Ellijay Sign Ordinance.

(Ord. No. 041706-A, § 1(exh. A), 4-17-2006)

19-5.1.

Pre-application conference. Prior to filing a formal application for a PUD, the applicant is encouraged to confer with the zoning administrator to review the general character of the plan, and to obtain information on projected programs and other matters.

19-5.2.

Plan application. An applicant shall file an application for rezoning or annexation, as applicable. This application shall be supported by a written statement of intent and a site development plan.

a.

Statement of intent. A narrative shall be submitted with the preliminary plan to describe the following:

1)

A statement of planning objectives to be achieved by the planned development (i.e., rationale for the proposal).

2)

An explanation regarding the status of ownership of the proposed tract(s).

3)

The proposed market selling price of each type of dwelling unit; or if rental, the proposed rent structures.

4)

A description of the proposed recreation facility improvements in the development.

5)

A statement to determine whether the streets are to be dedicated to the city or reserved as private streets.

6)

The developer should address the current traffic volume on the roads that access his proposed development and analyze the impact of his proposed development on these streets; estimate the number of turning movements in all directions per day; address the need for traffic control devices; address the need for lane separation devices or the development of acceleration deceleration lanes into and out of the development; and include the proposed schedule for the completion of all traffic related mechanisms.

7)

A general statement of the proposed development schedule.

b.

Site development plan. A site development plan shall be required to encourage logical and innovative design and also assure that the proposed development will be compatible with surrounding areas. Such site development plan shall be submitted in conjunction with the application for rezoning/annexation and the city council may approve the rezoning/annexation request based on conditions stipulated in an approved site plan that is recommended by the Ellijay Planning and Zoning Commission. For a property requiring a subdivision approval, the City of Ellijay Subdivision Regulations shall apply in addition to the site plan requirements. The site development plan shall be prepared according to the requirements in section 5-8.2 of this ordinance.

c.

Utility and drainage plans. Utility and drainage plans shall be provided including all information required respectively by Ellijay Gilmer Water and Sewerage Authority to determine that water, sewer, and storm drainage improvements will be made and located in accordance with the City of Ellijay requirements.

d.

Soil erosion and sedimentation control. Where applicable, the site development plan shall provide information on soil erosion and sedimentation measures according to the technical standards provided by the Ellijay Soil Erosion and Sedimentation Control Ordinance.

(Ord. No. 041706-A, § 1(exh. A), 4-17-2006)

To protect the properties adjacent to a PUD, buffer requirements particular to the PUD are necessary to mitigate any potential negative effects.

19-6.1.

Location. A buffer shall, generally, be required along the outer perimeter of the PUD boundary. The buffer is calculated as parallel to the property line, but shall not be located on any portion of existing, dedicated, or reserved public or private street right-of-way.

19-6.2.

Use of buffers. A buffer may be used for some forms of passive recreation such as pedestrian, bike, or equestrian trails, that have a maximum width of five feet; or it can be used to locate a storm water retention area provided that:

a.

No planted materials shall be eliminated; and the total width of the buffer shall be maintained.

b.

A buffer shall not be used for any active recreational uses such as playfields, stables, swimming pools, and tennis courts.

19-6.3.

Buffer design. A buffer plan shall be required as part of the PUD plan and shall be required to show the types and locations of all screening devices within a required buffer. The buffer design shall be integrated with the overall design concept for any project.

a.

Where a required drainage, utility or other easement is partially or wholly within a required buffer, the developer shall design the buffer to eliminate or minimize plantings within the required easement. Such design may necessitate choosing a buffer with more land area.

b.

Existing tree cover and natural vegetation shall be undisturbed except for the addition of supplemental plantings or other approved screening devices, or for the provision of required access or utility crossings as approved by the Ellijay Code Enforcement Officer. Where a buffer is substantially devoid of trees or shrubbery, grading may be allowed within the buffer area prior to replanting or the provision of other screening devices as required.

c.

Landscaping within buffer areas shall be used to screen objectionable views or nuisances, such as parking and services areas, refuse containers, air conditioning units, and transformers.

d.

Grass areas shall be sodded, planted or hydroseeded. If grass seed is used, it shall be a variety suitable to the area that produces complete coverage.

e.

All existing, healthy deciduous and hardwood trees with a caliper of five or more inches at a point of four feet six inches above the natural grade shall be retained, whenever feasible; if not feasible the tree shall be replaced with the same or similar type of tree in accordance with section 19-7.5.

f.

Existing on-site plantings may be credited as landscaped open space meeting the requirements of this section if such plant materials achieve the purposes of this section.

g.

All retained or planted trees shall be protected or situated so as to prevent damage from environmental change resulting from any building or other improvements.

19-6.4.

Permitted buffer types. A PUD buffer shall be a combination of landscaped open space and one or more screening devices. All buffers shall consist of plantings and have a minimum of one tree or two shrubs per 100 square feet of buffer area. The buffer shall be 20 feet wide, consisting of plantings plus either a fence, wall, or berm; or 30 feet wide, consisting of only plantings.

a.

When the uses proposed within a PUD are adjacent to existing dissimilar uses outside the PUD, a buffer is required for the PUD boundary.

b.

When the uses proposed within a PUD are adjacent to vacant land that is zoned for dissimilar uses, the buffer shall be required on the property that allows the more intensive uses to develop.

c.

If due to the topography or other conditions, the Ellijay Code Enforcement Officer determines that the buffer requirements of this article are not adequate, the Officer may then recommend such additional buffer for cause.

19-6.5.

Screening standards. Screening is a method of visually shielding or obscuring one use from another by fence, walls, berms, or densely planted vegetation. Screening shall provide a year-round visual screen from the ground to a minimum of eight feet in height. The following are four types of permitted screening devices:

a.

Plantings.

Plantings shall consist of either trees or shrubs or a combination of both. Trees and shrubs shall be planted with appropriate spacings to allow for proper growth and maintenance. Planted areas shall be located along the abutting property lines, or in areas that will provide the best screening effectiveness. Additional details concerning acceptable plantings are available from the zoning administrator.

Trees shall be any evergreen species. In normal growing conditions, all trees shall attain a minimum height of six feet and a canopy spread of ten feet within three years. When at maturity, trees shall reach a minimum height often ten feet.

Shrubs shall be any evergreen species. When the required buffer is fully installed, all shrubs shall have a minimum height of two feet. In normal growing conditions, all shrubs shall attain a minimum height of five feet and a spread of four feet within three years.

b.

Walls. Walls shall be of masonry construction and a minimum height of six feet. The wall shall be placed on the edge of the buffer nearest the most intense land use.

c.

Berms. Earthen berms shall have a minimum height of six feet when in combination with plantings or a minimum of eight feet in height if it is a stand alone berm.

d.

Fences. Fences constructed of any material, shall provide 90 percent visual blockage. The fence height shall be a minimum of six feet and placed on the edge of the buffer nearest the most intense land use.

19-6.6.

Ownership. Buffers shall be subjected to deed restrictions and subsequently be freely conveyed. They may be transferred to any consenting grantee, provided that any such conveyance adequately guarantees the protection of the buffer for the purposes of this article.

19-6.7.

Buffer maintenance.

The responsibility for maintenance of a required buffer shall remain with the owner of the property. Maintenance is required to ensure the proper functioning of a buffer as a landscaped area which reduces or eliminates nuisance and/or conflict. The owner, occupant, or tenant shall be jointly and severally responsible for installing live and healthy plants. Any required plant which has died or been removed due to disease shall be replaced with like-kind immediately.

Maintenance shall consist of mowing, removal of litter and dead plant materials, and necessary pruning. Natural water courses within a buffer shall be maintained as free flowing and free of debris, and shall not alter existing floodplains. Where trails are allowed within a buffer, they shall be maintained to provide for their safe use.

19-6.8.

Failure to maintain. In the event that the owner fails to maintain the buffer area according to the standards of this article, the City of Ellijay may, following reasonable notice, demand that the maintenance deficiency be corrected and enter the buffer area to provide for maintenance. The cost of such maintenance shall be charged to those persons having the primary responsibility for maintenance of the buffer, and the cost borne by the city shall be enforceable against the property as a judgment lien.

19-6.9.

Surety for buffer installation. Prior to issuance of a certificate of occupancy for a structure, the developer or owner shall provide a surety for all required landscaping materials such that the developer or owner shall guarantee the work for a period of at least one year after the issuance of the certificate of occupancy. No certificate of occupancy shall be issued for any use until the required buffer is fully installed and approved or the provisions of the following paragraph are enacted. The issuance of a certificate of occupancy in no way relieves any recipient thereof from the requirements for perpetual maintenance of the buffer. When the date for issuing an occupancy permit does not coincide with the planting season that is necessary to install a required buffer, the zoning administrator shall accept a letter of credit or other acceptable surety for the buffer installation. Such surety shall be in the amount and form satisfactory to the zoning administrator and shall certify the following:

a.

That the creditor does guarantee funds in an amount to cover the cost of installing all buffers as estimated by the developer and approved by the zoning administrator.

b.

That in case of failure on the part of the developer to complete the specified improvements, the creditor shall pay to the City of Ellijay immediately and without further action such funds as are necessary to finance the completion of those improvements up to the limit of credit stated in the letter.

c.

That the letter of credit or other acceptable surety may not be withdrawn or reduced in amount until released by the zoning administrator after the installed buffer has received a final inspection of approval.

Prior to the end of the first year after the buffer installation, the zoning administrator shall make an inspection and notify the owner or developer of any replacement or restoration to be made.

(Ord. No. 041706-A, § 1(exh. A), 4-17-2006)

19-7.1.

Zoning procedures; public notices and public hearing. An application on a planned unit development is a request for a zoning decision and will be subject to the zoning procedures established in The Zoning Procedures and Standards Ordinance of the City of Ellijay.

19-7.2.

Submission of final site plans and plats. The final site development plans, consistent with any requested modifications, and final plats, consistent with the adopted subdivision regulations, shall be submitted by the developer for action by the Ellijay Planning and Zoning Commission, the final platting authority.

19-7.3.

Major revision of the planned development. Major or substantial changes in an approved planned unit development plan that affects the intent and character of the development, the density or land use pattern, the location or dimensions of streets, or similar substantial changes shall require the developer to submit a written request for revision of the development plan and shall require a new public hearing to review such changes. Actions on the revisions shall be consistent with the Ellijay Zoning Procedures Ordinance. Minor amendments may be reviewed and approved, administratively, by the zoning administrator/building inspector.

19-7.4.

Failure to report revisions. Should any revision in the approved plan not be reported by the developer to the zoning administrator, in writing, the approval of the plan shall stand revoked unless and until the required approval is obtained.

(Ord. No. 041706-A, § 1(exh. A), 4-17-2006)

19-8.1.

Grading permits. A grading permit shall be required for any proposed planned development before any improvement or grading of land commences.

19-8.2.

Building permits. After approval by the Ellijay Planning and Zoning Commission of the PUD plan and recording of the final plat(s), the building inspector shall issue building permits for the buildings and structures in the planned unit development.

19-8.3.

Control of area following completion. After completion of a planned unit development, the use of land and construction, modification or alteration of any buildings or structures within the area covered by the plan shall be regulated by the approved development plan and the provisions of this resolution.

19-8.4.

Lapse of approval.

a.

Lack of construction. Approval of a site plan for a planned unit development shall lapse one year from the date of the approval of the final plan by the Ellijay Planning and Zoning Commission unless actual construction has been initiated or a request for an extension of one year is granted by the Ellijay Planning and Zoning Commission. Not more than one site plan extension shall be granted.

b.

Default of the developer. If the developer should default regarding the implementation of an approved PUD, the construction approval of an area as a planned unit development shall lapse one year from the date of the default, unless other developer(s) initiate efforts to continue the approved PUD site plan within the one-year period. New developer(s) must submit their revised schedule for construction to the Ellijay Planning and Zoning Commission for acknowledgment and approval.

(Ord. No. 041706-A, § 1(exh. A), 4-17-2006)