Germantown City Zoning Code

CHAPTER 1135

Planned Unit Developments PUD

1135.01 PURPOSE.

The purpose of the Planned Unit Development District is:

(a) To allow for flexibility in the zoning requirement where the result will be a higher quality development;

(b) To provide for and locate suitable recreational facilities, open space, and other common facilities, while preserving the existing landscape to the greatest extent possible;

(c) To encourage the most skillful planning in the arrangement of buildings, the preservation of open space, the utilization of topography and other site features;

(d) To obtain creative coordinated designs in harmony with surrounding uses and allow procedures supplemental to those applicable in other use districts to establish under which development plans particularly designed to meet the objectives of this chapter; and

(e) To allow for a creative development that conforms with the goals and objectives set by the Municipality of Germantown.

(Ord. 03-105. Passed 1-20-04.)

1135.02 DESIGNATION.

The Planned Unit Development District shall be designated by the abbreviation “PUD” on the Municipality of Germantown Official Zoning Districts Map. All property so classified is subject to the provisions of this chapter. (Ord. 03-105. Passed 1-20-04.)

1135.03 ESTABLISHMENT OF THE REVIEW PROCESS.

A PUD district overlays an existing zoning district or districts. The establishment of a PUD, pursuant to this chapter, is a four-step process that is summarized below and defined in Sections 1135.10 through 1135.13 of this chapter.

(a) Step 1 - Establishment of the PUD. The PUD is established by the Municipal Council as a zoning map amendment pursuant to Chapter 1141 , Amendments. The approval or denial of the establishment of a PUD is a legislative action by the Municipal Council, with a recommendation by the Planning Commission.

(b) Step 2 - Pre-Application Meeting. The applicant shall be required to meet with Municipal staff prior to the submittal of Preliminary Development Plan. No approval or denial of the Preliminary Development Plan will be administered during this step.

(c) Step 3 - Preliminary Development Plan. A Preliminary Development Plan must be reviewed and acted on by the Planning Commission.

(d) Step 4 - Final Development Plan. A Final Development Plan must be reviewed and acted on by Planning Commission. Action on the Final Development Plan by the Planning Commission is final.

(Ord. 03-105. Passed 1-20-04.)

1135.04 APPLICABILITY.

(a) The PUD shall operate as an overlay zone with all the existing zoning districts remaining intact. All provisions of the underlying zoning shall apply, except as provided for in the chapter.

(b) A minimum project area of ten (10) acres shall be required to establish a PUD. The Municipal Manager may waive this requirement in cases where the establishment of a smaller PUD will meet the requirements and purpose set forth in this chapter subject to final approval of the Planning Commission.

(Ord. 03-105. Passed 1-20-04.)

1135.05 ZONING PERMIT.

No Zoning Permit shall be issued for any new construction within an established PUD without approval of the PUD Final Development Plan.

(Ord. 03-105. Passed 1-20-04.)

1135.06 RESIDENTIAL PLANNED UNIT DEVELOPMENTS.

(a) Permitted Uses. The permitted uses in a PUD shall be those permitted in the underlying zoning district. In addition, the following uses shall be permitted in residential PUDs:

(1) Clustered housing in compliance with the following standards:

A. The overall density of the development shall not exceed that permitted in the underlying zoning.

B. Townhouse Regulations.

1. When single-family homes are to be clustered into townhouses, there shall be no more than eight (8) units per structure.

2. No more than two of the townhouses shall share the same, or approximately the same, front building line.

3. Each townhouse shall have its own yard containing no less than 400 square feet of greenspace or vegetation. Such yard shall be reasonably secluded from streets or from neighboring properties and shall not be used for off-street parking, garages, storage facilities, driveways, or accessory buildings.

4. The minimum distance between any two rows of townhouses shall be sixty (60) feet.

5. Any garages constructed for townhouse occupants shall be located in the rear of the townhouses.

C. Clustered lots.

1. The lot area requirement for single-family detached dwelling lots may be decreased with a minimum lot area of 8,000 square feet for each dwelling.

2. The PUD should not be used to cluster all the homes onto one part of the development, in a typical subdivision layout, for the preservation of the remaining portion of the project area. Instead, small groupings of clustered lots should be located throughout the project area so that every lot has direct access or nearby access to greenspace.

D. Lots or dwelling clusters shall be done in such a way as to protect natural or sensitive areas to the maximum extent feasible.

E. Sensitive areas shall be identified on both the Preliminary and Final Development Plan and shall be treated as common open space that may not be developed in the future.

(2) Traditional Neighborhood Residential development in areas adjacent to downtown Germantown or the older neighborhoods surrounding downtown provided that the development is in compliance with the following standards:

A. Only single-family homes shall be permitted.

B. The minimum lot size shall be 7,500 square feet, and shall not include the right-of-way of a street or alley.

C. The front yard setback shall be twenty (20) feet or the average front yard setback of properties within the same block.

D. The street network shall be designed to continue the existing grid system.

E. An alley system shall be provided to provide access to garages and secondary access to homes.

F. All garages shall be located in the rear yard of the property with access from an alley.

G. Sidewalks with a minimum width of four (4) feet shall be provided on both sides of a street.

H. All single-family homes shall have a porch that extends along at least 50% of the front elevation.

I. Street trees shall be planted on both sides of the street.

(3) Commercial uses.

A. “C-1" district commercial uses may be permitted provided that the residential PUD is twenty (20) acres or more in size.

B. One area of a residential PUD may be designated as a neighborhood shopping area provided that it does not exceed two (2) acres.

C. An additional acre of neighborhood shopping area may be designated for each fifteen (15) acres of residential PUD project area in addition to the original twenty (20) acres.

D. The total square footage of commercial building space shall not exceed five percent (5%) of the gross floor areas of all dwellings within the development.

E. All exterior lighting of parking areas, buildings, and attached signage shall be so arranged as to reflect lights away from adjoining properties. No flashing lights or signs shall be permitted except those authorized by the Municipality for traffic regulation.

F. All commercial properties shall be maintained in a neat and orderly manner.

G. All commercial properties shall be appropriately screened from adjoining residential properties with decorative fencing, berms, and vegetation.

H. No outdoor displays or sales may take place in a residential PUD unless authorized by the BZA and for a period of time not to exceed fourteen (14) days.

I. Where commercial uses are planned in conjunction with residential uses, no commercial use shall be constructed until at least sixty percent (60%) of the residential units are complete or under construction or unless authorized by the Planning Commission.

(b) Project Area. It is the intent of this chapter that the use of the PUD will yield the same net density of dwelling units as would develop under conventional zoning. Therefore, the project area that will be used to determine the permitted number of units shall include all of the area within the PUD that is devoted to residential use, open space, and recreational uses designed to serve the residential development specifically excluding but not limited to land located within a floodway and land allocated for public right-of-ways.

(c) Density Calculation. The Planning Commission shall determine the net number of dwelling units that may be constructed within the PUD by dividing the project area by either of the following:

(1) The required lot area per dwelling unit is required in the district on which the PUD is located; or

(2) The required lot area per dwelling unit that is required in the district on which the PUD is located, as modified by any increases in density authorized under subsection (e) below.

(d) Planned Unit Development In Multiple Zoning Districts. If a residential PUD covers more than one (1) zoning district, the number of allowable dwelling units must be separately calculated for each portion of the PUD district located in a separate zoning district, and then must be combined to determine the number of dwelling units allowable in the entire PUD. However, the distribution of the dwelling units within the overall PUD is not to be affected by existing zoning district boundaries.

(e) Density Bonus.

(1) The Planning Commission may authorize a density bonus in the PUD under the following circumstances provided that the negative impacts listed in paragraph (2) below would not be created by such an increase in density:

A. For undeveloped common open space above the minimum amount required in Section 1135.06(h), a maximum increase of five percent (5%) of the net density.

B. For improved common open space above the minimum amount required in Section 1135.06(h), a maximum increase of five percent (5%) of the net density.

C. For the preservation of land along corridors that the Planning Commission recommends the preservation of for future nonresidential development, a maximum increase of ten percent (10%) of the net density.

D. For distinctiveness and excellence in the site, design, and landscaping of the PUD, a maximum increase of ten percent (10%) of the net density.

(2) In no case shall the density in the planned development be increased by more than twenty-five percent (25%) of the net density.

(3) If the Planning Commission finds that any of the following conditions would be created by the density bonus provided for above, it may then deny or limit any density bonus by an amount that is sufficient to avoid the creation of any of these conditions.

A. Congested or unsafe access to the developments;

B. Traffic congestion in the streets which adjoin the PUD development; or

C. An excessive burden on parks, infrastructure, recreational areas, schools and other facilities, beyond what would be created by typical development densities that serve or are proposed to serve the PUD development.

(f) General Review Guidelines. In evaluating a proposed PUD, the following guidelines shall be used by the Planning Commission:

(1) The residential PUD is consistent with all goals, objectives, policies, and plans as adopted by the Municipal Council.

(2) The PUD is an effective and unified treatment of the development possibilities on the project site, and the development plan makes appropriate provisions for the preservation of streams and stream banks, wooded cover, rough terrain, and similar areas.

(3) The PUD is planned and developed to harmonize with any existing or proposed development in the area surrounding the project site.

(4) Off-street parking and loading is provided as required by the Germantown Zoning Code.

(5) There is a beneficial relationship between the proposed PUD and the neighborhood where it is to be established.

(6) Evidence of sufficient or proposed off-site and on-site services and infrastructure is presented. If the services or infrastructure are not in place, assurances that the improvements will be placed at the completion of construction of the project shall be required. Adequate information shall be supplied on the capacity and demand of current and proposed roadway, sanitary sewer, stormwater facilities, and the water system.

(7) The proposal meets the purpose set forth for the PUD in Section 1135.01.

(8) The proposal meets all the requirements of a PUD per this chapter.

(9) Common open spaces and recreational areas should be linked together by walkways or planting areas.

(10) Where commercial uses are proposed within a residential PUD, buffering and landscaping should be used to create a natural separation between uses.

(11) Commercial uses shall be designed to resemble the character of the surrounding residential buildings.

(12) Buildings should be sited in an orderly, non-random fashion. Long, unbroken building facades should be avoided.

(13) Street location and design shall conform to the existing topographic characteristics. Cutting and filing shall be minimized in the construction of streets.

(14) A secondary access point to a major collector or arterial roadway is strongly encouraged for a project area with more than fifty (50) dwelling units.

(15) One (1) access point to a major collector or arterial roadway is required for every 100 dwelling units within a project area.

(16) Adequate landscaping shall be provided throughout the site to create an attractive development, to reduce the amount of impervious surfaces, and to prevent large expanses of uninterrupted pavement areas.

(g) Spacing and Building Height.

(1) The location of all structures shall be as shown on the development plan. The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent dwellings or to the existing or prospective development of the neighborhood.

(2) Minimum lots areas, frontage, and yard requirements may be waived by the Planning Commission provided that the overall density standards required in this chapter are maintained and that the Planning Commission determines that the proposed development complies with the intent of this chapter.

(3) The Planning Commission may not permit a reduction in any lot so as to create a lot area that will be smaller than 50% of the lot area as required by the underlying zoning.

(h) Open Space Requirements. Common open space shall be provided as follows:

(1) Common open space shall comprise at least twenty percent (20%) of the project area, excluding areas used for vehicle parking and circulation.

(2) Common open space shall not include any land that is part of a lot or is used in the calculation of lot area.

(3) No open space area may be accepted as common open space under the provision of this section unless it meets the following standards:

A. Common open space must be reserved for amenity or recreational purposes. The uses authorized for the common open space must be appropriate in size and character considering the size, density, expected population, including ages and number, topography, and the number and type of dwellings within a residential PUD.

B. Common open space must be improved for its intended use, but common open space containing natural features worthy of preservation may remain unimproved.

C. The development schedule that is part of the development plan must coordinate the phasing of improvements to the common open space, the construction of buildings, structures, landscaping, and other improvements in the common open space and the construction of residential dwellings in the PUD.

D. The use and improvement of the common open space must be planned in relation to any existing or proposed public or semi- public open space which adjoins or which is within one thousand and five hundred (1,500) feet of the perimeter of the PUD.

E. No more than twenty percent (20%) of the common open space may be paved or covered in impervious surfaces, including parking areas and walkway.

(4) All land shown on the development plan as common open space shall be conveyed to a public agency or non-profit organization under one of the following options:

A. It may be conveyed to a governmental agency if the agency agrees to maintain the common open space and any buildings, structures, landscaping, and other improvements that have been placed on such land.

B. It may be conveyed to a non-profit organization, such as a homeowners or tenants association, provided in a publicly recorded document establishing an association or similar organization for the maintenance of the PUD is submitted to the Municipality in a format approved by the Municipal Attorney and, pending approval, is recorded with the Montgomery County Recorder. The common open space shall be conveyed to the trustees subject to covenants to be approved by the Planning Commission that restrict the common open space to uses specified on the development plan and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose.

(i) Screening. The residential PUD shall be effectively screened from adjoining existing uses so as to protect their privacy and amenity.

(j) Signs.

(1) Signs in a PUD shall conform with the requirements of Chapter 1139, Signage, except that in addition to the other permitted signs, there may be one sign at each major entryway into the project indicating the name of the development.

(2) All entryway signage shall be constructed of natural materials such as stone, wood, brick, or any artificial material that resembles natural materials.

(3) All entryway signage shall be attractively landscaped and externally lit.

(4) The maximum sign area for one entryway sign face is forty (40) square feet.

(5) The maximum height of an entryway sign is six (6) feet.

(Ord. 03-105. Passed 1-20-04.)

1135.07 NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT.

(a) Permitted Uses.

(1) The permitted uses in a PUD shall be those permitted in the underlying zoning district.

(2) In addition, a mixture of commercial, office, and industrial uses may be permitted within an industrially zoned PUD without having to create separate commercial zones as part of the underlying zoning.

The following requirements shall be met with regards to such a nonresidential mixed use development:

A. No more than twenty-five percent (25%) of the project area may be used for retail or service commercial uses.

B. Retail and service commercial uses that are developed as part of a mixed-use development shall be of a type to serve the employees or nearby residents of the area.

C. No commercial building shall exceed 7,500 feet in gross floor area.

(b) Intensity of Uses. The overall density of the PUD shall not exceed the overall density permitted in the district regulations in which the PUD is located.

(c) PUD in Multiple Zoning Districts. If a non-residential PUD covers more than one (1) zoning district, the density and uses permitted must be separately calculated for each portion of the PUD District located in a separate zoning district, and then must be combined to determine the density and uses allowable in the entire PUD. However, the distribution of density and uses within the overall PUD is not to be affected by existing zoning district boundaries.

(d) General Guidelines. In evaluating a proposed PUD, the following guidelines shall be used by the Planning Commission:

(1) The non-residential PUD is consistent with all goals, objectives, policies, and plans as adopted by the Municipal Council.

(2) The PUD is an effective and unified treatment of the development possibilities on the project site, and the development plan makes appropriate provision for the preservation of streams and stream banks, wooded cover, rough terrain, and similar uses.

(3) The PUD is planned and developed to harmonize with any existing or proposed development in the area surrounding the project site.

(4) Off-street parking and loading is provided as required by the Germantown Zoning Code.

(5) All buildings and parking areas within the PUD shall not occupy more than sixty percent (60%) of the PUD. The remainder of the land shall be preserved as either improved or unimproved open space. Any open space may be conveyed in manner as outlined in Section 1135.06(h).

(6) Evidence of sufficient or proposed off-site and on-site services and infrastructure is presented. If the services or infrastructure are not in place, guarantees that the improvements will be in place at the completion of construction of the project shall be required.

(7) The proposal meets the purpose set forth for the PUD in Section 1135.01.

(8) The proposal meets all the requirements of a PUD per this chapter.

(9) Screening of intensive uses, especially those adjacent to neighboring residential uses, shall be provided utilizing landscaping, fences, or walls to enclose internal areas.

(10) All facades of a building in a non-residential PUD shall be constructed of natural materials or materials that appear to be natural unless the facade will not be visible from any public right-of-way.

(11) The footprints of buildings and structures shall not occupy more than thirty-five percent (35%) of the non-residential project area.

(12) No more than seventy percent (70%) of the non-residential project area shall be covered by impervious surfaces, including but not limited to, structure, walkways, parking areas, and circulation areas.

(13) Parking and loading areas should be placed on the side or in the rear of a building wherever possible.

(14) When parking is located in the front of the building, landscaping and fencing shall be used to screen the parking areas of the road.

(15) Pedestrian and vehicular circulation should be separated as much as possible though crosswalks, raised curbs, or complete grade separation.

(16) Street location and design shall conform to the existing topographic characteristics and shall meet all minimum roadway standards as required by the Municipality of Germantown. Cutting and filing shall be minimized in the construction of streets.

(17) The heights of all structures within a non-residential PUD may be modified or varied with the approval of the Planning Commission. The maximum height of all structures shall be forty (40) feet.

(18) The PUD shall meet all federal, state, and local standards related to water quality, environmental protection, noise, glare, heat, and odor.

(e) Spacing and Building Height.

(2) Minimum lot areas, frontage, and yard requirements may be waived by the Planning Commission provided that the overall density standards required in this chapter are maintained and that the Planning Commission determines that the proposed development complies with the intent of this chapter.

(f) Required Landscaping and Buffering.

(1) Bufferyards.

A. All development that abuts land zoned for residential use or for residential purposes shall be adequately buffered along the residential boundaries with a minimum bufferyard of ten (10) feet in width along the entire boundary. Such buffer shall include fencing, berms, or plantings that are more than six (6) feet tall to form a solid barrier.

B. Where the proposed non-residential development may produce excessive noise, traffic, dust, glare, or odor, a planted bufferyard of up to one hundred (100) feet, as determined by Planning Commission, may be required.

(2) Parking area landscaping.

A. Parking areas and driveways shall be landscaped with shrubs, trees, or tree groupings.

B. A minimum of six percent (6%) of the total interior parking lot area shall be landscaped with planted islands. A minimum of one (1) tree and two (2) shrubs shall be planted in interior islands for every 2,500 square feet of parking lot.

C. Planted islands shall be at least 170 square feet in size with the smallest dimension of pervious surface being 6 feet to allow for adequate root aeration and expansion.

(g) Signs.

(2) All entryway signage shall be constructed of natural materials such as stone, wood, brick, or any artificial material that resembles natural materials.

(3) All entryway signage shall be attractively landscaped and externally lit.

(4) The maximum sign area for one entryway sign face is sixty (60) square feet.

(5) The maximum height of an entryway sign is six (6) feet.

(Ord. 03-105. Passed 1-20-04.)

1135.08 PERIPHERAL SETBACKS.

If the Planning Commission determines that topographical or other barriers do not provide a sufficient buffer between a PUD and contiguous land uses to avoid hazardous impacts upon the economic values of contiguous real estate, the Planning Commission shall impose either or both of the following requirements:

(a) Structures and parking areas located on the perimeter of the PUD may be required to be set back by a distance sufficient to protect against an adverse impact upon the economic values of contiguous land.

(b) Structures on the perimeter of the PUD may be required to be permanently screened in a manner that is sufficient to protect against adverse impact on the value of contiguous land.

(Ord. 03-105. Passed 1-20-04.)

1135.09 SUBDIVISION REVIEW.

Wherever the provisions of this chapter and the Subdivision Regulations are in conflict, the more restrictive or detailed requirements shall be met, unless waived or altered by the Planning Commission. (Ord. 03-105. Passed 1-20-04.)

1135.10 STEP 1 - ESTABLISHMENT OF A PUD DISTRICT.

(a) A PUD shall be established through the zone change process set forth in Chapter 1141 of the Germantown Zoning Code.

(b) Once Council has approved the establishment of the PUD, the PUD shall be shown on the Zoning Map as an overlay zone to the underlying zoning district(s).

(c) A request for a zone change to the underlying zoning district may be done concurrently with the establishment of the PUD.

(Ord. 03-105. Passed 1-20-04.)

1135.11 STEP 2 - PRELIMINARY DEVELOPMENT PLAN.

(a) Preliminary Development Plan Submittal Requirements. An application for a PUD shall accompany a general development plan, including maps, sketches, elevations, and supporting documents to fully describe the following elements:

(1) The names and contact information for all property owners, developers, and designers;

(2) The names and contact information for the registered surveyor, registered engineer, or urban planner assisting in the preparation of the development plan;

(3) The general nature, location, proposed name, and objectives of the proposed development;

(4) The boundaries of the project including a legal description of the metes and bounds of the parcel and the acreage therein;

(5) An area map showing adjacent property owners, including names and addresses, and existing land uses within 200 feet of the project perimeter;

(6) All necessary fees as established by the Municipality;

(7) The proposed development and construction phase schedule as approximated by the developer;

(8) A general site plan and supporting maps, drawn at an appropriate scale with north arrow, date, and scale that includes the following information:

A. Existing zoning districts;

B. Existing site conditions including contours drawn at five (5) foot intervals, floodplains and floodways, unique natural features, natural cover, and any sensitive areas;

C. The areas of the project to be used for different residential building types, indicating in each area the number of housing units by type and size, and total residential density of the project;

D. The boundaries of the project to be used for commercial, office, and other activities indicating the total square footage of each use;

E. The location, size, and proposed improvements of all common open space, parks, recreational areas, school sites, and public uses along with basic information who will be responsible for maintenance;

F. The existing and proposed vehicular and pedestrian circulation system including all streets, off-street parking areas, loading areas, and all proposed improvements to assist with any traffic conflicts or traffic congestion;

G. The existing and proposed utility systems including information on sanitary sewer, stormwater sewer, water, natural gas, electric, and telephone lines;

H. A general landscape plan including information on internal landscaping an all landscaping treatments for buffers along the perimeter of the PUD; and

I. Any additional information as requested by the Municipal Manager.

(b) Preliminary Development Plan Review.

(1) The Planning Commission shall hold at least one public hearing regarding the Preliminary Development plan within thirty (30) days of the complete submittal of the application.

(2) The Planning Commission shall review the Preliminary Development Plan and accompanying documents and may re-request such review and comment by the Municipal Engineer, other Municipal agencies, and/or private consultants as may be necessary.

(3) The Planning Commission shall render a written recommendation of approval, approval with conditions, or disapproval to the applicant on whether the Preliminary Development Plan meets the standards set forth in this chapter within thirty (30) days of the public hearing.

(4) If the Preliminary Development Plan is denied, the Municipal Clerk shall provide reasons, in writing, for the denial to the applicant or developer.

(1) Once the preliminary plan is approved, the property owner or developer has twelve (12) months to submit a Final Development Plan or the Preliminary Development Plan will become void and will require re- submission to the Planning Commission.

(2) If the PUD is to be developed in phases, the Final Development Plan for the first phase is all that shall be required within the twelve (12) month timeframe following the approval of the Preliminary Development Plan. The Final Development Plan for future phases shall be submitted within twelve (12) month increments of the approval of the Final Development Plan for previous phases unless otherwise authorized by the Planning Commission.

(3) If the Preliminary Development Plan is denied, there shall be no re- submittal for a period of twelve (12) consecutive months after the date the plan was denied. This time limit shall not apply to new applicants who submit applications for a PUD on the same property with a new proposal that is substantially different from the original proposal.

(d) Public Notice.

(1) Notice of the public hearing for the Planning Commission shall be given in at least one publication of general circulation. Said notice shall be published at least ten (10) days before the date of the hearing and shall include the time and place of such public hearing along with a summary of the proposed nature of the PUD.

(2) Notice of the public hearing for the Planning Commission shall be given, by written notice, to each property owner of property within 200 feet of the proposed PUD. Such notice shall include the same information as required in subsection (1) above. Failure to deliver the notification shall not invalidate the PUD application.

(3) A sign shall be displayed on the proposed property thirty (30) days prior to the public hearing stating the intent of the zoning request and the time and date of the public hearing. (Ord. 03-105. Passed 1-20-04.)

1135.12 FINAL DEVELOPMENT PLAN APPROVAL.

After approval of the Preliminary Development Plan, approval of the Final Development Plan shall be obtained from the Planning Commission. The following procedures shall regulate this process:

(a) Final Development Plan Submission Requirements. For final approval of uses, the owner shall file a Final Development Plan for any specific areas within the project or the overall project with the Planning Commission. All surveying and legal documents shall meet Montgomery County Recorder Standards. The Final Development Plan shall include the following:

(1) A survey of the proposed development site illustrating the dimensions and bearings of the property lines, area in acres, topography, and existing features of the development site including streets, wooded areas, structures, easements, and utility lines;

(2) All information as submitted as part of the approved Preliminary Development Plan;

(3) A schedule of the development of units to be constructed in progression;

(4) Detailed construction plans in conformance with the Municipality of Germantown Design Criteria and Construction Standards and Drawings along with necessary specifications consisting of, at a minimum, the following information:

A. The location of lot lines, building outlines, and setbacks;

B. The pedestrian and vehicular circulation system including existing and proposed rights-of-way and easements and cross sections of new or improved streets;

C. All utility systems including sanitary sewer, storm sewers, water, electric, natural gas, and telephone lines including all plan and profiles of each utility;

D. A landscape plan indicating the specific types of vegetation to be used an their locations in the development;

E. The location of all fire hydrants and fire lanes;

F. Storm water management plan, including detention/retention areas and erosion control;

G. Final grading plans, indicating cubic footage of cuts and fills; and

H. Any additional information required by the Planning Commission in consideration of the application.

(5) All necessary fees established by the Municipality;

(6) Legal agreements stipulating conveyance of public open space to a non- profit organization or the Municipality and indicating the responsibility for maintenance of the open space;

(7) Legal documents establishing any non-profit organization such as a homeowners’, tenants’ or merchants’ association;

(8) Restrictive covenants or other conditions which shall be applied to properties within the PUD;

(9) Final plat for necessary lot creation and right-of-way or easement dedication, if necessary;

(10) Necessary engineer’s estimates and performance surety for any public improvements that will be eventually dedicated to the Municipality of Germantown; and

(11) Any other information that can reasonably be requested by the Municipality to ensure compliance with the regulations of this chapter.

(b) Surety. The Design Criteria Construction Standards and Drawings along with 100% surety and 10% maintenance surety shall apply to all public improvements that will be eventually dedicated to the Municipality. Such sureties shall follow the regulations of the Municipality of Germantown Subdivision Regulations even if a major subdivision is not applicable.

(c) Final Development Plan Review. The Planning Commission shall review the Final Development Plan and approve, modify and approve, or deny the application for a Final Development Plan and transmit notices thereof to the applicant. The Planning Commission shall base its final approval only upon finding that the following requirements are met:

(1) The design, size, and use are consistent with the Preliminary Development Plan as approved by Planning Commission;

(2) The size of the first stage of development is appropriate and can effectively implement to development within the confines of the approved district;

(3) The location, design, size, and uses shall be adequately served by existing or planned facilities and services; and

(4) The location, design, size, and uses shall result in an attractive, healthful, efficient, and stable environment for residential and/or commercial development.

(d) Approval Documents. The approval of the Planning Commission shall be documented and entered into the plan for the area and become a permanent part of the Planning Commission’s records.

(e) Permits and Certificates. After approval by the Planning Commission, and such staff or consultants as may be required or deemed appropriate, of the Final Development Plan, submission of appropriate subdivision plats and building construction drawings shall be made. Building and construction permits and zoning permits shall be conditioned upon adherence to the approved development plan.

(f) Modification to Approved Plan. The Municipal Manager may approve minor changes to an approved Final Development Plan if such changes are consistent with the purpose and general character of the development plan. Other modifications, including extension or revision of the staged development schedule shall require the approval of the Planning Commission.

(g) Revocation. In the event of a failure to comply with the approved plan or any condition of approval, including failure to comply with the staged development schedule, the Planning Commission may, after notice, rescind and revoke such approval. Violation of the final approval of uses for a PUD shall constitute a violation of this Zoning Code.

(h) Submission with Plats and Drawings. The submission of a Final Development plan by the developer or applicant may be coterminous with submission of appropriate subdivision plans and construction drawings for on-site improvements. Approval of such subdivision plans and construction drawings shall be conditioned upon the approval of the Final Development Plan.

(i) Time Limit. Once the Final Development Plan is approved, the property owner or developer will have twelve (12) months to begin construction in compliance with the Final Development Plan or the PUD will become void and will require re-submission of the Preliminary Development Plan to the Planning Commission.