The purpose of the planned unit development (PUD) district is to promote and improve the health, safety, and general welfare of the residents of the Town of Hudson by allowing the negotiation of a specialized zoning district allowing innovative patterns of development. This district is intended to be used only when no other base or overlay district in this code, and no combination of those districts, can be used to approve a large new development that produces dynamic development concepts not otherwise contemplated by this zoning code and provides substantial additional benefits to the town that would not otherwise be required by this code. The PUD district is not intended to be used to approve types, mixes, patterns, or densities of development that would otherwise only be permitted if the applicant had earned one (1) or more of the incentives, unless the applicant will provide those same incentives in the approved PUD. The PUD district is not intended to be used to approve variations from the standards and criteria in this code that would otherwise apply to the proposed development, or to approve incentives, unless significant additional benefits to the town are provided.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

(a)

An application for a PUD zoning district shall:

(1)

Contain at least two (2) acres of contiguous land; and

(2)

Include one (1) or more of the following benefits to the town identified in the comprehensive plan, in an amount or under conditions significantly more beneficial to the town than would otherwise be required by this Code for similar types, patterns, or densities of development:

(i)

The conservation of significantly more land for the purpose of agriculture, open space and/or recreation;

(ii)

The conservation of significantly more electrical energy or water, a significantly greater reduction in required off-site wastewater or storm drainage, the inclusion of significantly more sustainable and resilient development features, or a combination of these benefits;

(iii)

The construction or improvement and dedication to the town or to another governmental or quasi-governmental entity acceptable to the town of any of the following items, together with execution of an agreement regarding the future maintenance or operation of those items:

a.

Public infrastructure, including but not limited to streets, roads, or water, wastewater, or storm drainage infrastructure, that the applicant and development would not otherwise be required to provide;

b.

Public amenities, including but not limited to parks, trails, or recreation facilities, that the applicant would not otherwise be required to provide; and/or

c.

Publicly accessible open space in a location identified in the comprehensive plan and in an amount greater than the applicant would be required to provide pursuant to section 16-84, Public land dedications; or

d.

The protection or improvement of a historic structure on the property that that applicant would not otherwise be required to preserve or improve.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

(a)

The approval of a PUD application creates a new base zoning district, subject to a new general development plan, that replaces the existing base district for the property.

(b)

Each application for a PUD zoning district shall include a general development plan that identifies one (1) or more existing base zoning district(s) applicable to each portions of the property, which is referred to as the default zoning district(s). The application may identify different default zoning districts for different portions of the property. The permitted uses, standards, and provisions of this Code applicable to each identified default zoning district shall apply to that portion of the property unless the PUD requests, and the town approves, a different permitted use, standard, or provision for that portion of the property.

(c)

Approval of a PUD district may not occur without simultaneous approval of a general development plan.

(d)

Following approval of a PUD district and related general development plan, no development of the property may occur without town approval of a site plan for that portion of the property pursuant to section 16-48(a)(4), Site plan.

(e)

A PUD application may request both zoning and subdivision approval for all or part of the property, in which case:

(1)

The general development plan shall be accompanied by a preliminary plat for a major subdivision meeting the requirements of section 16-46(b)(1);

(2)

The review and public hearing requirements for the approval of a PUD shall also constitute review and approval of the preliminary plat for the subdivision, and a separate process for review and approval of a major subdivision as described in section 16-46 shall not be required.

(3)

If a PUD application does not request approval of a related subdivision preliminary plat, then review and approval of any required subdivision pursuant to article 6, division 2, Specific Procedures for Divisions of Land, shall be required following approval of a PUD district before development of the property may occur.

(f)

Following approval of a PUD district and related major subdivision preliminary plat, no development of the property may occur without town approval of a minor subdivision final plat pursuant to section 16-45(b)(2) or a major subdivision final plat pursuant to section 16-46(b)(2), as applicable to the portion of the property and the type of development is proposed.

(g)

Following approval of a PUD district, an applicant may request approval of a site plan and a final plat for all or part of the property.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

(a)

PUD review procedures.

(1)

All applicable provisions of section 16-41, Common review procedures for a decision by the planning director, planning commission, or town council as applicable pursuant to subsections (3) through (6) below, shall apply, except as modified by this section 16-66. PUD Procedures.

(2)

Review, decision-making, and appeal responsibilities shall be as shown in Table 16-4.1: Summary of Development Review Procedures.

(3)

The procedure for review of a PUD application shall be that required by section 16-48(c)(6), Rezoning (amendment to official zoning map), except that a general development plan for the property must be reviewed simultaneously with the application, and must satisfy the approval criteria in section 16-53 below.

(4)

The general development plan shall include the following information regarding the proposed PUD zoning:

(i)

General land uses proposed for each portion of the property;

(ii)

General minimum and maximum density for each portion of the property;

(iii)

Conceptual points of connection for any arterial or collector level streets, and for on-street bicycle and pedestrian connections through the property and to adjacent properties;

(iv)

Conceptual open space, bicycle and pedestrian trail, and wildlife habitat areas and corridor connections through the property and to adjacent properties; and

(v)

Conceptual off-street surface stormwater transmission swales and facilities through the property and to adjacent properties.

(5)

The general development plan may, at the applicant's option, contain additional information.

(6)

Following the approval of the PUD district and general development plan, approval of a site plan for each portion of the property shall be required pursuant to section 16-48(a)(4), unless the proposed use of that portion of the property is exempt from the site plan requirement pursuant to section 16-48(a)(4)(i)b.

(7)

Following the approval of the PUD district and general development plan, approval of a subdivision for each portion of the property shall be required pursuant to article 6, division 2, Specific Procedures for Divisions of Land, unless:

(i)

The proposed use or development of that portion of the property is exempt from the requirement from a subdivision pursuant to section 16-42(b), Plat or exemption plat approval required or section 16-44, Subdivision exemption; or

(ii)

A preliminary plat for a minor or major subdivision was approved as part of the PUD rezoning and general development plan approval, in which case only planning director approval of one (1) or more final subdivision plats for the area covered by the preliminary plat shall be required.

(8)

The town may require that a PUD or related development agreement include:

(i)

An obligation for the applicant or property owner to comply with a timetable for development of all or a portion of the property consistent with the approved general development plan;

(ii)

A provision for approval by the planning director, the planning commission, or the town council to extend or modify the timetable, and the circumstances under which such extension or modification may be approved; and/or

(iii)

A provision that if development does not comply with the timetable, and the timetable is not extended or modified, the terms of the general development plan applicable to remaining undeveloped portions of the PUD shall be deemed to be modified to those applicable to the base zoning district(s) for each such portion of the property as identified in the general development plan unless and until such time that the town council approves a modification of either the general development plan or the timetable or both.

(a)

PUD zoning and general development plan.

(1)

In making their recommendation or decision, the planning commission or town council, respectively, shall approve the application or approve it with conditions if the negotiated terms of the planned unit development and related general development plan comply with the following criteria:

(i)

The application complies with the criteria in section 16-48(c)(6);

(ii)

The proposed development is consistent with the each of the purposes of a planned unit development in section 16-57;

(iii)

The proposed development cannot be accomplished by the use of any combination of base and overlay zoning districts listed in article 2, Zoning district regulations; and

(iv)

The application provides one (1) or more significant benefits to the town listed in section 16-64, that the applicant would not otherwise be required to provide under this code for the type and density of development being proposed.

(b)

Additional required approvals.

(1)

All subdivision preliminary plats submitted concurrently with or after approval of the PUD zoning shall be consistent with the general development plan approved in connection with the PUD zoning.

(2)

All required final plats submitted for the property shall be consistent with the approved PUD zoning district and general development plan, with any approved subdivision preliminary plat, and with the criteria for final plat approval in section 16-45(d)(2) (for a minor subdivision) or section 16-46(c)(2) (for a major subdivision), as applicable.

(3)

All required site plans submitted for the property shall be consistent with the approved PUD zoning district and general development plan, and with the criteria for site plan approval in section 16-48(a)(4)(iii).

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

(a)

Modification of a previously approved PUD zoning district ordinance shall require the review and approval of a new ordinance pursuant to section 16-48(c)(6), Rezoning (amendment to official zoning map).

(b)

Modification of a previously approved general development plan within a PUD zoning district shall require compliance with section 16-48(d), Modification of previous approval unless the general development plan includes provisions authorizing or requiring different procedures for minor or major modifications of that document.

(c)

Modification of a previously approved site plan within a PUD zoning district shall require compliance with section 16-48(d), Modification of previous approval.

(d)

Modification of a previously approved subdivision preliminary plat or subdivision final plat within a PUD zoning district shall require compliance with section 16-48(d), Modification of previous approval.

(e)

All planned development districts previously approved under the previous version of the land development code shall follow current standards for planned unit developments.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)