Hopkins Township City Zoning Code
PLANNED UNIT
DEVELOPMENT DISTRICT PUD
§ 157.235 INTENT AND PURPOSE.
(A) The provisions of this subchapter are intended to provide flexibility and creativity in the site planning and development process and to provide requirements and standards for the submission, review and approval of applications for planned unit developments (PUDs).
(B) The purpose and objectives of these PUD regulations include the following:
(1) To encourage the use of land in accordance with its character and adaptability;
(2) To promote the conservation of natural features and resources including prime agricultural land;
(3) To encourage innovation in land use, planning and development;
(4) To promote the enhancement of housing, employment, shopping, traffic circulation and recreational opportunities for the people of the township;
(5) To promote and ensure greater compatibility of design and use between neighboring properties;
(6) To provide for the regulation of legal land uses not otherwise authorized within this chapter; and
(7) To encourage the availability of open space, as a part of the development of residential lands, and to promote the development of passive and recreational land uses.
(C) The provisions of this subchapter are not intended as a device for ignoring this chapter of the planning upon which it has been based. To that end, provisions of this subchapter are intended to result in land use development substantially consistent with the underlying zoning, with modifications and departures from generally applicable requirements made in accordance with standards provided in this subchapter to ensure appropriate, fair and consistent decision making.
(Prior Code, Ch. XV, § 12C.01) (Ord. 2001-1, passed 7-17-2001)
§ 157.236 PERMITTED USES.
(A) Land uses, buildings and structures may be permitted in the PUD District as in the underlying zoning district. Land uses may be permitted within a PUD pursuant to an approved site plan and in accordance with all other applicable requirements of this subchapter.
(B) Any development under consideration as a PUD District may contain a mixture of two or more land use types of densities. A mixture of land use types shall mean either:
(1) Different land uses (e.g., commercial and residential); or
(2) A district mix of land use types within one general land use category (e.g., single-family detached, townhouses and garden apartment or commercial warehousing and retail commercial).
(C) Cluster housing may be approved by the Planning Commission; provided that, the average land area per dwelling unit is not less than the corresponding regular zoning district.
(Prior Code, Ch. XV, § 12C.02) (Ord. 2001-1, passed 7-17-2001)
§ 157.237 USE REGULATIONS.
Planned unit development (PUD), as defined in § 157.005 of this chapter, as approved by the Planning Commission and authorized by the Township Board, provides the following.
(A) No PUD shall be permitted on a tract of land less than ten contiguous acres under single ownership and for which an application for zone change to PUD District is made as hereinafter provided.
(B) The Planning Commission may require any PUD to contain open spaces for the following purposes:
(1) Unimproved open areas retain in a natural state and intended for the preservation of natural amenities of sensitive environmental areas;
(2) Improved and maintained open areas containing vegetation and trees intended to buffer or screen adjacent lands;
(3) Improved and maintained open areas designed and designated for recreational out-of-doors use; and
(4) Areas designated for the accommodation of storm water run-off.
(C) Areas to be considered for PUD shall be located in places where it is expected, based on Planning Commission studies, plans or projections, that public utilities will be available within a reasonable period of time sufficient to support the PUD as might be needed.
(D) The developer shall furnish all necessary private or public water and sanitary sewer facilities within the proposed development.
(E) A preliminary PUD development plan and a site plan shall be required with all requests for zoning or re-zoning of lands for PUD use. The preliminary PUD development plan shall include:
(1) A written school impact statement shall be included as part of the PUD development plan and shall include the following:
(a) The anticipated impact of the residential development on public schools based upon acceptable estimates of family size per dwelling unit and including the walking distances to such schools and/or the anticipated need for busing of students; and
(b) The written statement shall be reviewed by the appropriate responsible school officials and their written opinion shall be required.
(2) A traffic impact study including an evaluation from the County Road Commission;
(3) The approximate topography; both pre-construction and post-construction;
(4) All proposed and existing structure location and open spaces;
(5) The type and number of all dwellings and non-residential structures;
(6) The location of proposed streets, access points, walkways, parking facilities and public use areas or facilities;
(7) PUD development plans shall give priority to underground installation of utilities including telephone, electricity, television cables and the like;
(8) A written plan for the provisions of adequate police and fire protection shall be made a part of the PUD development plan. That portion of the PUD plan shall be reviewed by the appropriate agency(s) or municipalities providing such services and their endorsement of the plan shall be required; and
(9) Written agreement with the appropriate municipal utility authority or the County Health Department stating the approval or the intention to provide private or public water and sanitary sewer facilities within the proposed development.
(F) Such documents shall include:
(1) The character of the proposed development and the manner in which it has been designed to take advantage of the PUD concept;
(2) The proposed provisions for sanitary sewer facilities, water supply and surface drainage;
(3) The manner and means of financing;
(4) The proposed conditions of ownership of all lands and facilities within the PUD area including options, easements, covenants and the like and methods and provisions for maintenance of buildings, facilities and open spaces; and
(5) The expected phasing and scheduling of development.
(Prior Code, Ch. XV, § 12C.03) (Ord. 2001-1, passed 7-17-2001)
§ 157.238 PROCEDURE FOR APPLICATION AND PUD ADMINISTRATION.
(A) Concept plan review. Any parties who request a re-zoning to PUD are required to address the Planning Commission, by appointment, to present their preliminary ideas regarding a proposed PUD. At that time, the requirements and procedures for the PUD may be clarified and the applicant can be informed of the general intent of the Planning Commission.
(B) Applications. All applications for PUD re-zoning shall be in accordance with the application procedures for site plan review as required by §§ 157.315 through 157.332 of this chapter.
(C) Advisory public hearing. In the course of its consideration of the preliminary development plan, the Planning Commission may, in its discretion, convene an advisory public hearing in order to receive public comments concerning the preliminary development plan. For such hearing, the Planning Commission shall give notice as required by the state law for re-zoning.
(D) Public hearing on final development plan. The Planning Commission shall hold a public hearing on the final development plan and the application for re-zoning in accordance with the plan. The giving of public notice for the public hearing and the convening of the hearing shall proceed in the same manner and in accordance with all the requirements of a public hearing by the Planning Commission for a re-zoning of lands within the township, as set forth in the Township Rural Zoning Act and this chapter.
(1) A final PUD development plan shall be approved by the Planning Commission and the Township Board prior to commencement of any construction, alteration or excavation related to the PUD. The final PUD development plan shall include:
(a) Final drafts of legal documents and agreements, including drafts of proposed deeds of dedication and other legal documents necessary for the transfer of land and structures to public and common ownership and the maintenance and resale, lease, sub-lease or repurchase of same thereafter;
(b) Estimates of the cost of maintenance of common facilities and means of financing;
(c) Evidence that all required federal, state and local permits have been filed; and
(d) A final statement and map indicating the proposed time schedule of development.
(2) All re-zoning to PUD shall be considered an amendment to this chapter and shall proceed as provided in §§ 157.405 through 157.407 of this chapter; except that, four copies of the preliminary plan, as specified in § 157.237 of this chapter shall accompany the application for re-zoning or PUD approval a minimum of 30 days prior to the scheduled meeting.
(3) In addition to the standard fee charged for petition for an amendment to this chapter as previously set by the Township Board, and as may be amended from time to time, the applicant will be required to comply with any escrow account policy which may be established by the Township Board, and may be amended from time to time.
(4) Once re-zoning to PUD District has been executed by the Township Board and approval of the amendment has been made by the State Office of Land Use the applicant may apply for a zoning permit as specified in § 157.367 of this chapter. No building permit shall be issued by the Building Official until the final PUD development plan has been approved as specified in § 157.238(A) of this chapter.
(5) Once a zoning permit has been obtained, the owner or developer may begin construction of the proposed development in conformance with the provisions of this chapter.
(6) All applications, plans, written proposals and documents required by this subchapter shall be submitted in a minimum of four copies by the applicant to the Planning Commission.
(7) Identification of the limits of any required “natural vegetation zone” and/or “transition zone” adjacent to a riparian feature, as established by the riparian area protection standards contained in §§ 157.420 through 157.425.
(Prior Code, Ch. XV, § 12C.05) (Ord. 2001-1, passed 7-17-2001; Ord. passed - -2007)
§ 157.239 ADDITIONAL PROVISIONS REGARDING PUDS.
(A) Special provisions. All of the provisions of the zoning and other ordinances of the township shall control in the PUD District, except where inconsistent with said PUD District, in which case the provisions of the PUD District shall supersede and control any other provisions.
(B) Imposed conditions. The Planning Commission may impose certain conditions or reasonable undertakings to be performed by the applicant to guarantee and assure by agreement, that the PUD District will be fulfilled and the adequate standards necessary to protect the health, safety and welfare of residents will be insured. Such conditions may include a performance bond to insure that the development plan will be executed as approved.
(C) Time limitations. Each approved PUD must commence construction within one year after the date of final approval by the Township Board. The Township Board may approve an extension of time provided the developers present evidence of meritorious reason for the delay such as, but not limited to, lack of labor or materials, contract delays and the like. Without such extension of time, all authorization shall be invalid and void and all land shall revert to original zoning.
(Prior Code, Ch. XV, § 12C.06) (Ord. 2001-1, passed 7-17-2001)