Hampstead City Zoning Code
ARTICLE XXVI
Planned Industrial Development
§ 135-228 Planned Industrial Developments.
A.
Purpose.
(1)
A Planned Industrial Development is intended to allow flexible site planning and building arrangements for industrial development under a single plan so that innovative land-planning methods may be utilized which create campus-like environments, foster natural resource conservation and reduce traffic congestion. A PID is not intended to encourage greater density of development but rather to encourage ingenuity and resourcefulness in land-planning techniques which result in industrial development patterns that conserve and create open space, reduce vehicle trips and provide quality developments which enhance the surrounding area. The goal is to create high quality, integrated industrial parks that fit seamlessly within the community, are consistent with the adopted Community Comprehensive Plan and which allow developers considerably more flexibility than traditional site plan and subdivision regulations.
(2)
A PID may be established in any industrial zoning district. These regulations are designed to achieve the following objectives:
(a)
To permit a mixture of light industrial land uses in a master planned environment that may not be possible within a traditional zoning district and through standard subdivision and site plan processes.
(b)
To provide an avenue for industrial development that utilizes some privately owned and maintained infrastructure.
(c)
To promote an efficient development pattern that is sensitive to existing topography, physical and environmental features and adjoining properties.
(d)
To allow the phased subdivision of a large industrial parcel in accordance with a master development plan without the administrative burden of repeating the entire subdivision application and approval process for every lot.
B.
Applicability. The regulations set forth in this chapter shall apply to all PIDs. All zoning regulations applicable in the underlying zoning district shall apply to uses within the PID except as noted elsewhere in this chapter.
C. COMMISSION MASTER DEVELOPMENT AGREEMENT MASTER DEVELOPMENT PLAN PID
Definitions. As used in this article, the following terms shall have the meanings indicated:
The Hampstead Planning and Zoning Commission.
A contract between the developer(s), property owner(s) and the Town of Hampstead concerning the development of a PID.
A full site plan as defined by § 120-5 of the Hampstead Town Code the purpose of developing a PID.
A planned industrial development.
D.
Permitted, conditional and accessory uses. Permitted, conditional and accessory uses shall be determined by the underlying zoning district of the property. Appeals for conditional uses and variances shall be made to the Board of Zoning Appeals under the provisions of this chapter.
E.
Ownership. The application for approval of a PID shall be made by a person or corporate entity with fee simple ownership of the parcel(s) comprising the proposed PID. An application for approval of a PID may be made where there is a legal interest in ownership of the parcels comprising the proposed PID subject to the recommendation of the Town Attorney and approval of the Commission.
F.
Application. The application for a PID shall conform to the requirements of Chapter 120, Site Plans, of the Hampstead Town Code except as otherwise noted in this article. The PID application will contain the elements of a final full site plan as specified by § 120-5 of the Hampstead Town Code and shall contain the following additional elements:
(1)
A completed application for approval of a PID as provided by the Zoning Administrator.
(2)
A written description of the overall concept for the PID.
(3)
Architectural, engineering, or construction information sufficient to give a clear understanding of the proposal and including front-, side- and rearview renderings, shall be included with the submission of the site plans. Where such information is not provided, the Planning and Zoning Commission may approve "white box" site plans; however, no building permit shall be issued for such "white box" site plans until the Commission has received, reviewed and approved the aforementioned architectural, engineering, or construction information.
(4)
A written description of the general method of development, the proposed construction phasing and the operation of the PID.
(5)
A copy of the proposed deed restrictions and covenants for the PID.
(6)
A master development agreement in the form prescribed by the Town Attorney.
(7)
The percentage of the area to be dedicated as open space and/or recreation areas and impervious surfaces.
(8)
The metes, bounds and form of any easements to be granted to the Town.
(9)
Tabulations and calculations related to building area and any lot coverage bonuses sought.
(10)
Any additional elements as determined necessary by the Commission.
G.
Minimum land area. The gross tract of land to be developed as a PID shall be a minimum of five acres.
H.
Minimum lot size. The minimum lot size of any lot in a PID shall be one acre.
J.
Lot coverage bonuses. A lot coverage bonus is an increase in the area of each lot which may be occupied by buildings and/or impervious surfaces. The credits shall apply to building coverage or impervious surface coverage but not both. The lot coverage bonus shall be determined by the approved master development plan for the entire site and may apply to every subdivided lot.
(1)
Open space. Maximum credit: 10%. The Commission may approve an additional one-percent lot coverage bonus for each 1% of open space dedicated to the public. Dedications shall be made in accordance with Chapter 121 and shall be located to allow for access and use by the public. The Commission shall consider whether to accept or deny a proposed dedication based on its functional value as public open space, its value as a preserve natural area and any other factors deemed relevant by the Commission. Public open space in a PID may overlap with the minimum landscaping requirement or additional landscaping credit. In any such dedication, a minimum of 1/2 acre is required, except for the dedication of a pedestrian/bicycle trail.
(2)
Nonexclusive pedestrian/bicycle trail easement/right-of-way dedication. Maximum credit: 10%. The Commission may approve an additional one-percent lot coverage bonus for every 250 linear feet of nonexclusive and improved pedestrian/bicycle trail easement or right-of-way dedicated to the public. Any such trails or walkways shall be located for access and use by the public. The Commission shall consider whether to accept or deny a proposed easement or right-of-way dedication based on its functional value to pedestrian/bicycle access and movement, its conformance with the Town's plan for pedestrian/bicycle facilities and any other factors deemed relevant by the Commission. The width of the easement or right-of-way shall be at least seven feet, with a reduction to five feet for sensitive area management tracts or wetland buffers. The improved trail shall be a minimum of four feet in width and constructed per the requirements of the Commission.
K.
Development standards. A PID shall comply with the zoning standards in effect for the underlying zoning districts and other provisions in the Town Code related to the subdivision and development of land with the following exceptions:
(1)
A PID may utilize private streets, or a combination of public and private streets, to provide access to building lots. Lot frontage to a public road is not required.
(2)
All streets in a PID shall be constructed so as to provide access to all building sites within the PID for public safety and emergency service providers.
(3)
Roadway connections and/or right-of-way easements allowing vehicular access to adjacent developed or undeveloped properties shall be provided when appropriate as determined by the Commission.
(4)
Stormwater facilities shall be designed to manage the entire PID where individual lot stormwater design shall utilize best management practices for water quality.
(5)
Additional site-specific development requirements pertaining to the PID or individual lots within the PID may be established at the time the PID request is being reviewed by the Commission.
(6)
If the development is to be implemented in phases, each phase shall have adequate provision for access, parking, stormwater management and other public improvements to serve the development in accordance with the applicable criteria set forth. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent damage to completed phases, to future phases and to adjoining property.
(7)
The Commission shall have the discretionary authority to determine setbacks, building heights, lot widths, off-street parking requirements or other similar requirements. The Commission shall not have the authority to grant any exceptions or variances related to uses including conditional uses.
L.
Standards for approval.
(1)
The Commission shall consider the following in the approval of any PID:
(a)
The design of the PID shall be congruent with the Town's adopted Community Comprehensive Plan.
(b)
The design of the PID shall buffer industrial uses within the PID from adjoining properties to the extent practicable.
(c)
The design of the PID shall be consistent with the industrial design guidelines outlined in § 135-139 of the Hampstead Town Code.
(d)
Private and public roads systems shall be designed to provide for adequate access by public safety and service providers.
(f)
Connections for vehicular access between a PID and adjacent properties shall be incorporated into the master development plan when possible.
(g)
The approved master development plan and master development agreement shall be sufficient to ensure the developer and all subsequent property owners maintain the PID in a manner consistent with the intent of the Commission in granting the approval.
(h)
No master development plan shall be approved by the Commission without receiving and reviewing reports from the Town Attorney, Zoning Administrator and Town Council.
(2)
An approved PID site plan shall become a binding commitment for the development of the specific elements approved for development. The approved site plan may be transferred to another person, corporation, or group of individuals or corporations upon approval by the Commission.
M.
Master development plan. The approved master development plan shall have an executed master development agreement within one year of the date of final approval and shall have construction started within three years or the approval will automatically expire and the master development plan must then be resubmitted for approval. The master development plan will be subject to the regulations in force at the time of resubmission.
N.
Subdivision within a PID. Upon approval of a PID and the ratification of an approved master development plan, the owner of any parcel shall have the right to apply for "fast track" approval of the subdivision of the PID into parcels no smaller than one acre in size. The application for any such subdivision shall not be subject to the requirements of Chapter 119 except as noted herein or as determined by the Planning and Zoning Commission. Such requirements may be codified in the master development plan and/or the master development agreement.
P.
Appeals. Any party aggrieved by a final decision of the Commission under this chapter may file an appeal of such decision to the Hampstead Board of Zoning Appeals within 30 days of issuance of such final decisions. Any party aggrieved by a decision of the Board may seek judicial relief in the Circuit Court for Carroll County. The Board may overturn a decision of the Commission; however, the power to approve a PID is reserved in whole to the Commission.