The intent of this Article is to establish a flexible procedure for tracts of land which are to be planned and developed as a whole using a unified design, encouraging creative methods and a mixture of uses or design patterns not permitted in any of the zoning districts. It is further the intent of this Article to encourage the proper planning and design of these areas by providing for the submission of concept plans and specific development plans by prospective developers. Tracts of land being considered under the planned unit development designation may be used for residential, commercial or industrial purposes or certain combinations thereof as approved by the Town.

In order that a tract of land be considered for the planned unit designation, it must comply with the following minimum size requirements:

1. If used for residential purposes only – five (5) acres.
2. If used for a combination of residential and business uses or for business use only – ten (10) acres.
3. If used for a combination of business and industrial uses or for industrial use only – twenty (20) acres.

In order that a tract of land be considered for a PUD, it must meet the following requirements:

1. Physical Character of the Site. Areas must be suitable for the development proposed without creating hazards to persons or property on or off the site from probability of flooding, erosion, subsidence or slipping of the soil and other dangers, annoyances or inconveniences. Areas must be compatible with the Master Plan as adopted by the Town.
2. Location Requirements. PUD areas must have direct access to streets, roads or highways with a minimum 60 ft. right-of-way without creating traffic problems on minor streets or roads outside the PUD. Areas considered for PUD treatment must be so located in relation to existing or extendable utilities and public services that no additional public expense will be involved or the developer must offset added public expense.
3. Design Requirements. PUD areas must comply with the following minimum design standards:
   1. Must provide a minimum of common or usable open space which is free from structures or off-street parking areas per the following unless found reducible upon proof submitted:
      1. Residential only – twenty percent (20%) of the total site area.
      2. Business only – ten percent (10%) of the total site area.
      3. Industrial only – five percent (5%) of the total site area.
      4. Residential/Business combination – twenty percent (20%) of the total site area.
      5. Business/Industrial combination – ten percent (10%) of the total site area.
   2. Must comply with established parking area and loading and unloading area provisions that would be necessary for the equivalent amount of individual development as required in GTC 31.11 unless found reducible upon proof submitted by the developer that effectiveness of large-scale development may permit such reduction without destroying the intent of this Ordinance.
   3. Must provide landscaping appropriate to the development.
   4. Must locate all access points to arterial streets or roads no more frequently that every 300 ft. unless otherwise approved in writing by the Town Engineer.
   5. Must use buffer areas of open space or planted screens between abrupt changes of land use within the development.
   6. May use a higher density than normally allowed in the specific zoning district if determined by the Town that said density does not destroy the intent of this Ordinance and is warranted by the creative design of the development.
   7. Must make long-term provision for maintenance of common areas.
   8. Must meet other conditions applicable to the development as may be determined by the Town.
   9. Must initiate construction within one (1) year after approval of the concept plan by the Town. Applicant must submit a written request for an extension to the Town. If construction is not initiated within the granted time limit, the PUD approval for the property may be withdrawn by the Town.

The following procedures must be followed for any application for a PUD designation:

1. Prior to submission of any application for a PUD, the developer must meet with the Town Planner to discuss the proposal.
2. Proposals for PUDs shall require submission of a concept plan and a subdivision permit application if necessary. The concept plan shall consist of:
   1. proof of ownership and legal description of all land to be included within the PUD;
   2. the general anticipated architectural and building type(s) and location(s) distinguishing the general uses proposed;
   3. the approximate acreage or square footage of each general use proposed;
   4. the portion and location of land to be retained for open space;
   5. the portion and location of land to be retained for public purposes such as schools, fire stations, etc.;
   6. provisions to be made for water, sewer, solid waste disposal and road maintenance;
   7. evaluation of the impact of the proposal on town services and steps to mitigate those impacts;
   8. provisions for access to the development;
   9. a written statement of the objectives to be achieved by the PUD; and
   10. a general statement of anticipated gross density levels within each proposed land use category.
3. Upon receipt of the concept plan and the application, the Commission shall hold a public hearing in the manner prescribed for zone changes. The hearing shall be held to determine the acceptability of the proposed development to the adjacent property owner and the suitability of the proposal for the PUD designation.
4. After consideration by the Commission, the proposal shall be forwarded to the Governing Body with the recommendation of the Planning Commission for a public hearing as prescribed for a zone change. If the Governing Body approves the proposal, the developer shall then submit a specific development plan consisting of engineering, architectural, landscaping and site plans for review by the town staff and the Commission. The concept plan approved by the Governing Body shall not be altered unless the developer requests said alteration, in writing, to the Governing Body and submits an altered concept plan for consideration by the Commission and the board.
5. If the development is constructed in stages, the total area shall be reviewed at the public hearings and each successive stage shall require the submission of a specific development plan consisting of engineering, architectural, landscaping and site plans for review by the town staff and the Commission. Staging and estimated time for completion must be submitted on or with the concept plan.
6. The specific development plan, as approved by the Governing Body, shall be binding and shall not be altered during the construction of the PUD except as hereinafter set forth.