**This is not an inclusive list. Other species that can grow in cold hardiness zone 7b and/or are otherwise not listed on NCDOT’s or the USDA’S invasive species list are permitted upon review and approval of Staff.

Table 1700-1: Recommended Large and Medium Deciduous Trees

^{1 Species with many varieties. 2 Species may become invasive and should be planted with care.}

Table 1700-2: Recommended Small Deciduous Trees, Large Deciduous Shrubs and Evergreens

^{1. This is a species with many varieties. 2. Species may become invasive and should be planted with care.}

Table 1700-3: Recommended Trees for Parking Lots and Paved Areas

^{1 Species may become invasive and should be planted with care. 2 Native species.}

Table 1700-4: Recommended Street Trees

^{1. Indicates native species. 2. Species may become invasive and should be planted with care. 3. Additional tree species may be proposed for consideration by Town staff with a recommendation by a licensed arborist, landscape architect, or other qualified tree expert documenting why the species is appropriate within the planted space. Street tree planting spaces of less than 4-ft in width may generally be appropriate for use as a grass strip, shrub area, and/or the planting of appropriate small understory/flowering trees.}

Table 1700-5: Invasive or Exotic Species in North Carolina: Severe Threat (SHOULD NOT BE PLANTED)

Table 1700-6: Significant Threat (SHOULD NOT BE PLANTED ADJACENT TO NATIVE FOREST)

Pruning Standards Pruning Standards: The ANSI pruning standards have been drafted to address pruning specifications across all geographic areas. Knowledge of the growth of tree species within a given environment may alter how the recommendations are interpreted. The following information is designed to help readers understand exactly what will be accomplished in a pruning operation.

Table 1700-7: Pruning Standards

Table 1700-8: Caliper to Height Ratios for Deciduous Trees

Table 1700-9: Height to Spread Ratios for Coniferous Nursery Trees

Equation 1: Height to Spread ratio should be no less than 2:1.

Click on the ordinance link below to open Ordinance 0100608-112, Post-Construction Storm Water Ordinance.

Introduction The 2009 North Carolina Building Code includes requirements for the design and construction of retaining walls. Specifically, Section 1806.2 states: Retaining systems providing a cumulative vertical relief greater than 5 feet in height within a horizontal distance of 50 feet or less, including retaining walls or mechanically stabilized earth walls, shall be designed under the responsible charge of the registered design professional. Retaining systems shall meet the requirements of Section 1610. Testing and inspection reports shall comply with Section 1704.1.2 and shall verify: 1. Foundation support system is adequate for the intended site conditions; 2. Measurement of the quantity of construction materials for conformance with specifications; 3. Determination of similarity of actual soil conditions to those anticipated in design; and 4. Examination of backfill materials and any drainage systems for compliance with plans and specifications. Scope of Requirements These requirements will apply to all commercial construction, which include retaining walls and grades falling within the criteria described in Section 1806.2. In addition, the Town will apply the criteria to residential projects where retaining walls impact public use or access areas. Design and submittal requirements: Option 1: Submit, as part of the site plan review drawing set, retaining wall drawings, fully designed and detailed, and sealed by a North Carolina Licensed Professional Engineer. Option 2: Site plan review drawing set to include location and design criteria (wall height and schematic wall cross section) for retaining walls only, along with the following statements: • “Design of all retaining walls is to be per North Carolina Building Code Section 1806.” • “Detailed retaining wall design drawings, sealed by a North Carolina Licensed Professional Engineer, will be submitted to the Town prior to construction.” • “A North Carolina Licensed Professional Engineer must perform construction observation, verifying in a sealed letter to the Town that retaining walls are constructed per the engineered drawings.” Construction Requirements Construction of retaining walls may proceed only after detailed retaining wall design drawings, sealed by a North Carolina Licensed Professional Engineer, are submitted to the Town. The Owner’s North Carolina Licensed Professional Engineer will perform construction observation. Upon completion of retaining wall construction, the Engineer will submit 1) a sealed letter to the Town, verifying the retaining walls are constructed per the engineered drawings, in compliance with Section 1806 of the NC Building Code, and 2) a copy of all special inspections reports in accordance with Section 1704.1.3 of the NC Building Code. Certificates of Occupancy will only be issued after receipt of the Engineer’s sealed letter and copy of the special inspections reports.

The following embankment specifications apply to all stormwater and water quality facilities with embankments that are designed to hold water, even if the embankment is designed to hold water only during a storm event: Fill Materials The following parameters apply to materials used to construct earthen embankments: Borrow material shall be classified as ML, MH, SC, SM, CL or CH soils according to the Unified Soil Classification System (ASTM D2487) or any mixture of these soils. Borrow materials shall have a liquid limit (LL) between 40 and 60 and a plasticity index (PI) between 15 and 30 (ASTM D4318). Materials shall be free of topsoil, organic or frozen material, roots, stumps, brush, rocks larger than 3.0”, subsoil, debris, vegetation, and other foreign matter. All material clods will be broken down with tillers and/or discs to provide a homogeneous soil that is free of clay clods greater than 3.0” in diameter. Construction The following steps apply to construction of an earthen embankment:

1. Foundation Preparation
   1. Compact foundation to density requirements for subsequent fill materials.
   2. Cut out soft areas of foundation not capable of compaction in place.
   3. Scarify foundation surface to depth of 6.0”.
   4. Proof roll foundation to identify soft spots; fill and compact to density equal to or greater than requirements for subsequent fill material.
2. Seepage Key Placement
   1. Seepage key trench will be located between embankment abutments.
   2. Seepage key shall extend to a minimum depth of 4.0’ or as required through geotechnical seepage analysis. A minimum bottom trench width shall be 10.0’ and the trench sidewalls shall be sloped or benched to promote stability and bonding between the sidewall soils and seepage key fill.
3. Fill Placement
   1. Earthen embankment fill shall be constructed at 3:1 slopes or as shown on the drawings. Demonstration of appropriate safety factors against failure through geotechnical analysis shall be required for slopes steeper than 3:1.
   2. Fill soils shall be placed in loose lifts not to exceed 8.0” in thickness and be compacted to a minimum of 95% maximum dry density (Standard Proctor ASTM D698) with a moisture content within ±3% of the optimum, unless otherwise specified by the engineer.
   3. Fill soils should be placed in continuous, horizontal layers from abutment to abutment. Existing slopes greater than 4:1 shall be benched to promote bonding of newly placed fill with existing soils. Benching shall be performed at maximum of 2.0’ vertical intervals and shall extend a minimum of 4.0’ horizontally or as specified on Drawings.
   4. Within the upper 12.0” of earthen embankment, fill soils should be compacted to 100% of its Standard Proctor (ASTM D698) maximum dry density.
   5. Fill against supported structures. Do not fill against unsupported structures.
   6. Place fill simultaneously on each side of unsupported structures until supports are in place.
   7. Place a minimum of 6.0” of Planting Mix (Ref City of Charlotte Landscape Construction Standards) across dam embankment to promote vegetative growth.
4. Outfall Pipe Fill Placement
   1. Fill of the culverts shall be placed and compacted in 6.0” thick loose lifts around the drop inlets and up to 2.0’ above the culverts.
   2. Compaction shall be performed by hand tampers or small hand operated compactors.
   3. Compaction shall be a minimum of 95% maximum dry density (Standard Proctor ASTM D698) with a moisture content within ±3% of the optimum, unless otherwise specified by the engineer.
   4. Additional compaction of lifts 2.0’ or greater above culverts shall conform to the Fill Placement section of this specification.
5. Field Quality Control
   1. Laboratory Testing
      1. Perform laboratory material tests in accordance with ASTM D422, ASTM D698, ASTM D2216, and ASTM D4318.
      2. Test at a frequency of every 500cy of earthen embankment fill material placed, when materials used for embankment fill change, and/or as directed by the Engineer.
      3. Sample size shall be 50-lb.
   2. In-Place Compaction and Natural Moisture Content Tests
      1. Perform in place compaction tests in accordance with ASTM D1556, ASTM D2922, or ASTM D2937 and natural moisture content test in accordance with ASTM D2216.
      2. Frequency of compaction/natural moisture content tests: Embankment Fill: Each lift at a minimum frequency of 1 per 2,500 sq. ft. Pipe Installation: Each lift at a minimum frequency of 1 per 30 lf of pipe.
      3. When tests indicate work does not meet specified requirements, remove work, replace, rework, recompact, and retest.

Allowable Variances Earthen embankment specifications may be modified based on site-specific geotechnical investigation and engineering design. References

Charlotte-Mecklenburg BMP Design Manual

City of Charlotte Landscape Construction Standards

ASTM D422 - Standard test Method for Particle-Size Analysis of Soils (Grain Size with Hydrometer)

ASTM D698 - Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf/ft3).

ASTM D1556 – Standard Test Method for Density of Soil In-Place by the Sand-Cone Method.

ASTM D2216 - Standard Test Method for Laboratory Determination of Water (Moisture) Content of Soil and Rock by Mass.

ASTM D2487 – Standard Practices for Classification of Soil for Engineering Purposes (Unified Soil Classification System)

ASTM D2922 - Standard Test Method for Density of Soil and Soil-Aggregate In-Place by Nuclear Methods (Shallow Depth).

ASTM D2937 - Standard Test Method for Density of Soil In-Place by the Drive-Cylinder Method Test.

ASTM D4318 - Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils.

(The Ten Percent Rule)

Introduction The ten-percent rule recognizes the fact that a structural control providing detention has a “zone of influence” downstream where its effectiveness can be observed. Beyond this zone of influence the structural control becomes relatively small and insignificant compared to the runoff from the total drainage area at that point. Based on studies and master planning results for a large number of sites, that zone of influence is considered to be the point where the drainage area controlled by the detention facility comprises 10% of the total drainage area. For example, if the structural control drains 10 acres, the zone of influence ends at the point where the total drainage area is 100 acres or greater. Prior to initiating a downstream impact analysis, a scoping meeting must be coordinated with the Engineering Department to develop an understanding regarding the modeling software, design criteria, limits of the study, acceptable assumptions, report format, and required deliverables. These studies are intended to be used to determine the impacts that the increase of stormwater runoff creates from the site through the zone of influence. General Requirements

1. Hydrologic Analysis
   1. Using a topographic map, identify the point at which the drainage area of the development or redevelopment becomes less than ten-percent of the total watershed area (10% point).
   2. Using a hydrologic model (e.g. HEC-HMS) determine the pre-development peak discharges for the 50- and 100-year storm events and the timing of those peaks at each tributary junction beginning at the detention facility outlet and ending at the next tributary junction beyond the 10% point. Key detention structures in the zone of influence must be modeled. An approximate curve number should be used since the actual peak flow is not critical for initial analysis, only the change in flows is important. However, an accurate estimate of the time of concentration is essential.
   3. Change the site land use to post-development conditions and determine the peak discharges for the 50- and 100-year storm events.
   4. On a topographic map, show the pre and post development flows, the change in flows in cfs and in percentage at all hydrologic modeling locations.
   5. Provide a written assessment of flow increases.
2. Hydraulic Analysis
   1. If the hydrologic analysis indicates probable detrimental impacts to existing buildings, habitable structures, or culverts, a detailed hydraulic study must be provided. The study shall include hydraulic grade lines for open channel flow areas for the post-development 50- and 100-yr storm events using a standard step backwater hydraulic model (e.g. HEC-RAS).
   2. Using topographic maps provide a flood inundation map for the critical structures within the study area.
   3. Stream cross-sections, impacted buildings, habitable structures, and culvert crossings must be field surveyed.
   4. Provide a written assessment of flood elevation increases.

1. Planned Unit Development Districts Established. The purpose of the P.U.D. district is to allow creative and harmonious mixtures of land uses, which are well planned and complimentary to each other. A mixed-use development taking place within a P.U.D. zoning district would eliminate the necessity of rezoning the underlying parcels to the various districts allowing such uses. Given that a variety of uses may be developed with a P.U.D. and to ensure that such uses are developed harmoniously with each other and with surrounding land uses, the initial approval of a development within a P.U.D. shall require a Conditional Zoning process. The minimum gross area for a P.U.D. development containing solely residential uses shall be twenty-five acres; for developments containing residential and non-residential uses, a minimum of a hundred contiguous acres shall be required outside of the Downtown Overlay. Development within a P.U.D. district shall require the use of stormwater detention as noted in Chapter 7 of the Indian Trail Storm Water Manual, to control the runoff to downstream properties. To encourage sustainable high quality development with conservation of natural and cultural features exception of setbacks as provided for in Section 141 may be approved by the Town Council on a case by case basis in conjunction with a Conditional Zoning submittal for a Planned Unit Development.
   1. There are hereby established twenty different planned unit development (P.U.D.) districts as described in this section. Each P.U.D. district is designed to combine the characteristics of at least three up to four zoning districts.
   2. One element of each P.U.D. district, excluding the Downtown Overlay District, shall be the medium density residential element. Here there are two possibilities, each one corresponding either to the R-20 or R-20 cluster residential districts. Within that portion of the P.U.D. zone that is developed for medium density residential purposes, all development must be in accordance with the regulations applicable to the medium density residential district to which the particular P.U.D. zoning district corresponds (except that planned residential developments shall not be permissible).
   3. A second element of each P.U.D. district shall be the higher density residential element. Here there are two possibilities, each one corresponding either to the R-8 or R-6 zoning districts described in Section 116 and Section 144. Within that portion of the P.U.D. district that is developed for higher density residential purposes, all development must be in accordance with the regulations applicable to the higher density residential district to which the P.U.D. district corresponds. Except as to lot size provided in clusters as described in Section 144.
   4. A third element of each P.U.D. district shall be the commercial element. Here there are three possibilities, each one corresponding either to the B-2, B-3 or Office district identified in Section 98. Within that portion of a P.U.D. district that is developed for purposes permissible in a commercial district, all development must be in accordance with the regulations applicable to the commercial district to which the P.U.D. district corresponds.
   5. A manufacturing/processing element may be a fourth element of any P.U.D. district. Here there are two alternatives. The first is that uses permitted within the L-I district would be permitted within the P.U.D. district. The second alternative is that uses permitted only within the H-C zoning districts would not be permitted. If an L-I element is included, then within that portion of the P.U.D district that is developed for purposes permissible in an L-I district, all development must be in accordance with the regulations applicable to the L-I district.
2. P.U.D. Designations In accordance with the description set forth in subsection (a), the twenty P.U.D. districts shall carry the following designations to indicate their component elements:
   1. R-20 / R-8 / B-2 / LI
   2. R-20 / R-8 / B-2
   3. R-20 / R-8 / Office / LI
   4. R-20 / R-8 / Office
   5. R-20 / R-6 / B-2 / LI
   6. R-20 / R-6 / B-2
   7. R-20 / R-6 / Office / LI
   8. R-20 / R-6 / Office
   9. R-20 (Cluster) /R-8 / B-2 / LI
   10. R-20 (Cluster) / R-8 / B-2
   11. R-20 (Cluster) / R-8 / Office / LI
   12. R-20 (Cluster) / R-8 / Office
   13. R-20 (Cluster) / R-6 /R-8 /Office/B-2/B-3
   14. R-20 (Cluster) / R-6 / B-2
   15. R-20 (Cluster) / R-6 / Office / LI
   16. R-20 (Cluster) / R-6 / Office
   17. R-20 (Cluster) /R-8/R-6
   18. R-20 (Cluster) / R-6 (Cluster)/ R-8(Cluster)/Office/B-2/B-3/B-4
   19. R-6(Cluster), R-6, B-2 only in association with Section 137E
   20. Downtown Overlay District- Mixed Use
       1. No area of less than twenty-five contiguous acres may be zoned as a P.U.D. district, and then only upon the request of the owner or owners of all the property intended to be covered by such zone.
       2. As indicated in the Table of Permissible Uses (Section 106 and 103.5), a planned unit development is the only permissible use of a P.U.D. zone and planned unit developments are permissible only in such zones.
       3. Planned unit developments are subject to the requirements set forth in Section 116.
3. Planned Unit Developments.
   1. In a planned unit development, the developer may make use of the land for any purpose authorized in a particular P.U.D. zoning district in which the land is located, subject to the provisions of this ordinance. Section 100 describes the various types of P.U.D. zoning districts.
   2. Within any lot developed as a planned unit development (excluding within the Downtown Overlay District), not more than thirty-five percent of the total lot area may be developed for higher density residential purposes (R-8 or R-6, or cluster as applicable), not more than ten percent of the total lot area may be developed for purposes that are permissible only in a B-2 or H-C zoning district (whichever corresponds to the P.U.D. zoning district in question), and not more than five percent of the total lot area may be developed for uses permissible only in the LI zoning district (assuming the P.U.D. zoning district allows such uses at all).
   3. The plans for the proposed planned unit development shall indicate the particular portions of the lot that the developer intends to develop for higher density residential purposes, lower density residential purposes, purposes permissible in a commercial district (as applicable), and purposes permissible only in an LI district (as applicable). For purposes of determining the substantive regulations that apply to the planned unit development, each portion of the lot so designated shall then be treated as if it were a separate district, zoned to permit, respectively, higher density residential (R-8 or /R-6), lower density residential (R-20), commercial office or LI uses. However, only one permit--a planned unit development permit--shall be issued for the entire development.
   4. A planned unit development permit may be approved showing one or more portions of the tract as reserved for future development of a specified type (e.g. residential, commercial, or manufacturing). In such a case, no construction of any land may take place within such areas until the development permit is amended to approve specific plans for such areas. Such an amendment shall be regarded as a major amendment and processed as provided in Subsection 64(c).
   5. The nonresidential portions of any planned unit development may be occupied only in accordance with a schedule approved by the planning board that relates occupancy of such non-residential portions of the PUD to the completion of a specified percentage or specified number of phases or sections of the residential portions of the development. The purpose and intent of this provision is to ensure that the planned unit development procedure is not used, intentionally or unintentionally, to create nonresidential uses in areas generally zoned for residential uses except as part of an integrated and well-planned, primarily residential development. In approving a proposed schedule, the planning board may consider, among other factors, the number of dwelling units proposed for the residential portion of the PUD, the nature and scope of the nonresidential portions of the PUD, the physical relationship of the nonresidential components of the PUD to neighboring properties not within the PUD, and whether the nonresidential uses are to be located within pre-existing buildings or new construction.
   6. All of the common open space required under this Section shall be either conveyed to the Town of Indian Trail, if the Town agrees to accept ownership of and to maintain the space, or conveyed to one or more homeowner associations created for the development, or with respect to outdoor recreation facilities to the owner or operator, thereof; and
   7. Any conveyance to a homeowners association shall be subject to restrictive covenants and easements reviewed by the Planning and Development Director and recorded and filed at the time the subdivision plat for the project area is recorded. The covenants and easements shall provide for the establishment of a homeowner’s association before recording of the Final Plat by the Planning Director, where membership is mandatory for each home buyer and any successive buyer, the association is responsible for liability insurance and local, taxes on common open space and recreational facilities owned by it, and any fees levied by the association that remain unpaid will become a lien on the individual property in accordance with procedures established under the dedication or organization document. The covenants and easements shall also prohibit future development of any common open space, for other than open space or recreational purposes, and shall provide for continued maintenance of any common open space and recreational facilities.
   8. Associated with the selection of a Planned Unit Development is the requirement for stormwater detention. The use of high density residential and mixed uses increases the stormwater runoff to a degree that necessitates controls to prevent release of stormwater at a rate greater than the runoff of the tract prior to development.

1. Planned residential developments (P.R.D.'s) are permissible only on tracts of at least five acres located within the R-20, R-8 and R-6 zoning districts. The minimum average lot sized allowed for a PRD is:
   1. The R-20 minimum average standard lot size is 15,000 square feet with no reduction to less than 7,500 square feet.
   2. The R-8 minimum average standard lot size is 7000 square feet with no reduction to less than 6,000.
   3. The R-6 minimum average standard lot size is 5,000 square feet with no reduction less than 4,500.
2. For the development to remain harmonious with surrounding development exterior lots must be at least 15,000 square feet in the R-20 and 7,000 in the R-8, and 5,000 square feet in the R-6 with standard exterior lot line. There shall not be less than twenty-five (25) feet of common open space between an interior lot line within the subdivision and an exterior lot line located outside the subdivision. The purpose of this district is to allow flexible development with denser lots interior to the development itself.
3. A R-8 or R-6 P.R.D. shall only be permitted to be located:
   1. within the Downtown Overlay District; or
   2. within a half-mile radius of a commercial center defined as: A group of commercial establishments, planned, developed, and managed as a unit, with off-street parking provided on the property, and having at least one anchor tenant with a minimum of 30,000 square feet of space.
   3. A minimum of 75% of the property’s lot area shall be located within the said ½ mile radius area to qualify for a PRD Development.
4. The overall density of a tract developed as a P.R.D. shall be determined as provided in Section 139.
   
   

   Zoning District	Maximum Density (Units/Acre)
   R-20	2.2
   R-8	5.4
   R-6	7.2

5. Permissible types of residential uses within a P.R.D. include single-family detached dwellings (use classification 1.111) in all district, two-family residences (1.200) and multi-family residences (1.300) only in the R-20 district. At least 50% of the total number of dwelling units must be single-family detached within the R-20.
6. To the extent practicable, the two-family and multi-family portions of a P.R.D. shall be developed more toward the interior rather than the periphery of the tract so that the single-family detached residences border adjacent properties.
7. In a planned residential development, the screening requirements that would normally apply where two-family or multi-family development adjoins a single-family development shall not apply within the tract developed as a planned residential development, but all screening requirements shall apply between the tract so developed and adjacent lots.
8. Planned residential development, as a minimum, shall meet each of the following criteria:
   1. Curb and gutter on all interior streets shall be provided.
   2. Each dwelling unit shall have a minimum parking pad width of sixteen (16)feet by thirty-two (32) feet to accommodate two automobiles parked side-by-side.
   3. Usable common open space or recreational areas shall be provided within the PRD. Any common open space area shall have a minimum area of ten-thousand (10,000) square feet. All common open space areas shall be accessible by sidewalk from the residential developed portions of the PRD.
   4. Irrespective of other provisions contained in this Ordinance, sidewalks shall be provided on at least one side of each street within the PRD. Furthermore, sidewalks and curb & gutter shall be required along the street frontage of which said property is located off of. If said property is located off more than one street, sidewalks and curb & gutter shall be required along all street frontages.
   5. All of the common open space required under this Section shall be either conveyed to the Town of Indian Trail, if the Town agrees to accept ownership of and to maintain the space, or conveyed to one or more homeowner associations created for the development, or with respect to outdoor recreation facilities to the owner or operator, thereof; and
   6. Any conveyance to a homeowners association shall be subject to restrictive covenants and easements reviewed by the Planning and Development Director and recorded and filed at the time the subdivision plat for the project area is recorded. The covenants and easements shall provide for the establishment of a homeowner’s association before recording of the Final Plat by the Planning Director, where membership is mandatory for each home buyer and any successive buyer, the association is responsible for liability insurance and local, taxes on common open space and recreational facilities owned by it, and any fees levied by the association that remain unpaid will become a lien on the individual property in accordance with procedures established under the dedication or organization document. The covenants and easements shall also prohibit future development of any common open space, for other than open space or recreational purposes, and shall provide for continued maintenance of any common open space and recreational facilities.
9. Yard and setback requirements for a PRD shall be as follows:
   
   

   Zoning District	Yard Requirements
   R-20	Front Yard (Interior)-Twenty-five (25) feet Side Yard (Interior)-Eight (8) feet, eighteen (18) on corner lots. Rear Yard-Twenty-five (25)
   R-8	Front Yard (Interior)-Twenty (20) feet Side Yard (Interior)-Five (5) feet Rear Yard-Twelve and one-half (12.5) feet
   R-6	Front Yard (Interior) – Twenty (20) feet Side Yard (Interior) – Five (5) feet Rear Yard – Twelve and one-half (12.5) feet

10. A minimum forty (40) foot yard shall be required, around the exterior of any multi-family portion of the PRD which abuts a R-20 Residential (R) zoning district.

1. Intent: The Planned Neighborhood (PND) is coded to allow more flexible development that promotes a traditional neighborhood character. This code is established so that streams, floodplains, farmlands, and forests may be preserved while adding to the quality of the community. The architectural guidelines stated in this section are established to promote pedestrian friendly streetscape with higher quality housing standards, and to encourage a variety of housing types that will add character to the community. In evaluating a proposed PND it is the intent of this type of development to be an upgrade to the surrounding area.
2. Town Council shall determine the density by the approval of the Conditional Zoning on a case by case basis but in no event shall density exceed more than 2.2 units to the acre. The developer may use the land for any authorized residential use in a PND classification. Portions of a development which abut other properties will be similar in character. Active and/or passive recreation must be detailed in the open space design submitted with the Conditional Zoning Application.
3. Uses permitted: Permissible types of Residential uses with a PND include single-family detached dwellings (use classifications1.111) as follows:
   1. The low density element of the PND shall be made up of R-20(cluster) lots from 20,000 to 15,000 square feet (at least 70%), and R-20 (cluster) lots from 15,000 to 10,000 square feet (no more than 30%). The lots abutting the entrance road frontage (including all entrances and accesses into the development) will be required to be 20,000 square foot lots which are not included in the percentages. The exterior lots of the development will be a minimum of 10,000 square foot with R-20 (20,000 square foot lots) as the largest lot standard required. Open space can not be used as a method of making exterior lots into interior lots or altering larger lot required along road frontage.
   2. The medium density residential element of the PND shall be made up of R-20(cluster)lots from 20,000 to 15,000 square feet (at least 60%)and R-20 (cluster) lots from 15,000 to 10,000 square feet(no more than 30% ) and R-8 lots (no more than 20%). The lots abutting the entrance road frontage (including all entrances and accesses into the development) will be required to be 20,000 square foot lots which are not included in the percentages. The exterior lots of the development will be a minimum of 10,000 square foot required to be the same size as abutting lots with R-20 (20,000 square foot lots) as the largest lot standard required. Open space can not be used as a method of making exterior lots into interior lots.
   3. Yard and setback requirements for a PND shall be as follows: Front Yard(interior lots)- twenty feet, Side yard (interior lots)- five feet ( exterior and corner lots)- 12 feet, Rear Yard ( interior lots)- 20 feet (exterior lots)-25 feet.
4. General Provisions: In a planned neighborhood district, the screening requirements that would normally apply where two-family or multi-family development shall not apply within the tract developed as a planned neighborhood development, but all screening requirements shall apply between the tract developed and the adjacent lots. A planned neighborhood development, as a minimum, shall meet each of the following criteria:
   1. Curb and gutter on all interior streets shall be provided.
   2. A planted strip of at least 24 inches shall be placed between the street curb and sidewalk. Trees or planting shall be behind the sidewalk.
   3. Each single-family dwelling unit shall have a minimum parking pad width of sixteen feet by thirty-two feet. To accommodate two automobiles parked side by side.
   4. Usable common open space or recreational areas shall be provided within the PND. Any common open space area shall have a minimum area of ten thousand square feet. All common open space areas shall be accessible by sidewalk from the residential developed portions of the PND.
   5. Irrespective of other provisions contained in this ordinance, sidewalks shall be provided on at least one side of each street within the PND.
   6. All of the common open space required under this section shall be either conveyed to the Town of Indian Trail, if the Town agrees to accept ownership of and to maintain the space, or conveyed to one or more homeowner associations created for the development, or with respect to outdoor recreation facilities to the owner or operator thereof; and
   7. any conveyance to a homeowners association shall be subject to restrictive covenants and easements reviewed by the Planning Director and recorded and filed at the time the subdivision plat for the project area is recorded. The covenants and easements shall provide for the establishment of a homeowner’s association before recording of the Final Plat by the Planning Director, where membership is mandatory for each home buyer and any successive buyer, the association is responsible for liability insurance and local taxes on common open space and recreational facilities owned by it, and any fees levied by the association that remain unpaid will become a lien on the individual property in accordance with procedures established under the dedication or organization document. The covenants and easements shall also prohibit future development of any common open space, for other than open space or recreational purposes, and shall provide for continuous maintenance of any common open space and recreational facilities.

1. Purpose: The conditional rezoning process allows particular uses to be established, but only in accordance with specific development projects. Some land uses are of such a nature or scale that they have significant impacts on both the immediate surrounding area and/or on the entire community which cannot be predetermined and controlled by general zoning district standards. There are also circumstances in which a general district designation allowing such a use by right would not be appropriate for a particular property even though the use itself could, if properly planned, be appropriate for the property and be consistent with the objectives of these regulations and other plans for the physical development of the Town as adopted by the Town Council. The review process established herein provides for the accommodation of such uses by a re-classification of property into a "parallel conditional use" district.
   The "parallel conditional use" district (CUD) approval process is established to address those situations when a particular use may be acceptable but the general zoning districts which would allow that use would not be acceptable. Such zones may be approved or changed only by the Town Council in accordance with the regulations contained herein.
2. Process: In order for a property owner to secure privileges for developing property under the parallel special use process, a two-step process must be followed. The property must first be rezoned by the Town Council to a parallel conditional use district. The Town Council must then approve a conditional use permit which may contain fair and reasonable conditions to assure conformance with this Ordinance, other plans adopted by the Town Council and compatibility with surrounding properties. Any use permitted under this process must also, as a minimum, conform to the development regulations for the corresponding general zoning district. Thus, if a property were rezoned to a "CUD B-4" Conditional use district, and a conditional use permit approved authorizing the development of a particular use, that use must (1) be a use allowed in the B-4 district, (2) meet all dimensional, screening and related requirements of the B-4 district, (3) meet any listed supplemental requirements for that particular use in the B-4 zoning district, and (4) meet any additional requirements placed by the Town Council on the conditional use permit.
   1. Rezoning of property to any CUD parallel conditional use district is a voluntary procedure on the part of the property owner and is intended for firm development proposals. It is not intended or suited for securing early zoning for a tentative proposal which may be undertaken at some unknown time in the future.
   2. In order for a property owner to secure development privileges in accordance with these regulations, the Town Council must first rezone said property to a particular CUD district and then must issue a conditional use permit allowing the particular development to take place.
   3. Unlike requests for rezoning to a general zoning district, applications for CUD zoning (and associated approval for a conditional use permit) may only be filed by the owner of the property(ies) in question or the owner's authorized agent.