The purpose of this article is to enhance the quality of residential development within King and Queen County through open space preservation, mixed-use development and cluster design. This purpose is to be facilitated by establishing, in appropriate cases, planned unit development zoning districts wherein mixed-use residential projects may be planned, approved and developed under a master plan of development.

A.

[Amendment to official zoning map.] A planned unit development (PUD) district shall be established by amendment to the official zoning map in accordance with the Unified King and Queen Land Use Regulations as modified by this article.

B.

Procedures; site plan required. A preliminary site plan complying with the requirements of the Unified King and Queen Land Use Regulations shall accompany an application for approval of a PUD district under this article. If the project is to be accomplished as a series of development phases, a more detailed plan of a typical phase should be submitted with the general site plan. The plans shall be prepared by a qualified professional team, the composition of which and the qualifications of members thereof shall be submitted with the plans. Procedures for establishment of a PUD district and approval and amendment of site plans are contained in article 14. In general, it is anticipated that preliminary approval will be given on overall project design, which approval will be followed by preparation, review, and approval of detailed final designs for those sections upon which construction is to be undertaken in accord with an approved schedule. No building permit shall be issued until a final plat of the proposed development, or part thereof, is approved, filed, and recorded.

C.

Master plan. The master plan shall be prepared by a team of licensed surveyors, engineers, architects and planners and, at a minimum, shall contain the following information:

1.

Proposed name of PUD, owner, surveyor, engineer, architect and planner, magisterial district, county, state, tax map parcel number, date of drawing, number of sheets, north arrow, source of meridian used for survey and scale.

2.

Location of proposed PUD by a vicinity map at a scale of not more than 2,000 feet to the inch.

3.

Total acreage of proposed PUD and the acreage remaining in the original tract, if any, boundaries of each section indicating land use, and proposed streets in the project.

4.

Each section of the master plan shall designate land use in the following manner:

a.

Areas of detached single-family development;

b.

Areas of conditional uses;

c.

Areas of open space and recreational uses;

d.

Areas of public uses.

5.

As marginal data, it shall contain a table which shows, for each section indicated above, the use, approximate number of dwelling units for residential area or square feet of floor space for conditional uses and other areas, acreage, and approximate phasing timetable for development.

D.

Community impact statement. The community impact statement is required and is a written document which describes the probable effects of the proposed development upon the community. As a minimum, it should briefly address the following topics as they would relate to the project:

1.

Adequacy of existing public facilities and services. Detailed analysis shall be made of sewer, water, schools, fire stations and other major locally funded facilities.

2.

Additional on-site and off-site public facilities or services which would be required as a result of the development.

3.

Traffic to be generated by the project, the capacity of surrounding roads, specific road improvements necessary.

4.

Fiscal impact of the proposed project such as estimated tax revenues to be generated versus the cost of public improvements to be financed by the county or the state.

5.

Impact of construction and permanent changes in land use upon surrounding property, such as aesthetics, vegetation, stormwater drainage, noise and air or water pollution.

6.

Employment opportunities to be generated by the project.

If the development project for which a planned unit development district has been established should be terminated or discontinued for any reason prior to the commencement of substantial construction pursuant to such plan, it is the intent of this article that the PUD zoning district established for the project shall also be terminated. In the event that a development plan, or section thereof, is given final approval and thereafter the applicant or his successors shall abandon said plan or section thereof, and shall so notify the commission in writing; or in the event that applicant or his successor fails to commence the planned unit development within two years after final approval has been granted, then and in that event such final approval shall terminate and be deemed null and void unless such time period is extended by the board of supervisors upon the recommendation by the planning commission upon written application by the applicant or his successors. Upon termination of an approval, the planning commission shall review any changes in the zoning district map brought about by the proposed development and if it deems said changes to be inappropriate unless a part of planned development, shall recommend to the board of supervisors that the map be revised in accordance with the procedures for changes and amendments contained in article 19.

Notwithstanding the uses permitted in zoning districts as set out in article 4, within a planned unit development only the following by right uses may be established:

A.

Single-family detached dwellings.

B.

Recreational uses, including clubhouses, golf courses, swimming pools, tennis courts, playfields, and similar types of recreational improvements.

C.

Accessory uses as defined in this ordinance when located at least 50 feet from the PUD property line.

D.

Off-street parking in accordance with article 15 of this ordinance.

The following uses and structures may be permitted as conditional uses in a PUD district, subject to the conditions indicated:

A.

Child day care centers.

B.

Utility service buildings, treatment plants, water storage tanks, pumping or regulator stations, storage yards and substations and facilities and structures necessary for rendering public utility service.

C.

Retail, commercial, or professional offices.

D.

Multiple-family dwelling, duplexes, and townhouses.

E.

All conditional uses shall be approved on the PUD site plan prior to development. If circumstances warrant additional facilities within the development after site plan approval, such additional conditional uses shall be subject to the same procedures and approvals as required for the initial approval.

F.

Conditional uses shall be secondary to the primary development of the PUD; shall be considered in support of the development; and shall not stand alone without the project.

A.

All uses within a PUD shall comply with the off-street parking and loading requirements set forth in this ordinance.

B.

Conditional uses of a commercial nature shall be designed to serve primarily the needs of the residents of the planned unit development in which they are located.

No minimum lot size requirement shall be placed on single-family detached residential lots located in a PUD. This flexibility is offered to encourage innovative site designs that are in accord with the district's intent of promoting efficient use of land, a variety in housing choices, and preservation of open spaces and natural features.

A.

Open space shall be defined for the purpose of this section as the total land or water within the boundaries of a planned unit development, designed and intended for use and enjoyment as open areas, and not improved with a building, structure, street, road parking area, or any type of sidewalk except for recreational structures. The open space includes developed recreational space, and shall be accessible and available to all occupants of dwelling units for whose use the space is intended.

B.

Developed recreational space shall be defined for the purpose of this article as that portion of the open space within the boundaries of the PUD which is improved for recreational purposes. Such improvements may include, but shall not be limited to, pedestrian ways, bicycle paths, playlots and playgrounds, tennis courts, and swimming and boating areas.

C.

The required open space shall not be less than 30 percent of the total gross area of the planned unit development, provided that it shall not be less than the aggregate amount of area resulting from reduction of lot sizes below the minimum area otherwise required. Of the required open space, not more than 25 percent shall have serious development limitations because of slopes exceeding 15 percent; submersion; lying within public utility easements; stormwater retention basins; or similar limitations.

D.

The required developed recreational space shall not be less than five percent of the total gross area of the planned unit development, but in no case less than 2.5 acres.

E.

All open space, including developed open space, shall be specifically included in the development schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.

A.

There shall be established a nonprofit association, corporation, trust, or foundation of all individuals or corporations owning residential property within the planned development to ensure the maintenance of open spaces.

B.

When the open space is to be maintained through a nonprofit association, corporation, trust, or foundation, said organization shall conform to the following requirements:

(1)

The developer must establish the organization prior to the sale of any lots.

(2)

The membership in the organization shall be mandatory for all residential property owners, present or future, within the PUD and said organization shall not discriminate in its membership or shareholders.

(3)

The organization shall manage all open spaces and recreational and cultural facilities; shall provide for the maintenance, administration, and operation of said land and improvements and any other land within the PUD; and shall secure adequate liability insurance on the land.

(4)

The organization shall conform to the Condominium Act, Code of Virginia, §§ 55-79.39—55-79.103.

A.

The permitted minimum size of any planned unit development district shall be at least 50 contiguous acres.

B.

Within a planned unit development, residential units and nonresidential activities may be clustered provided the following standards are incorporated into the site plan:

(1)

Open space or common land resulting from the clustering of residential units shall only be used for private or public recreation, field crop production, or natural conservation areas, with such land being restricted from any further community development.

(2)

Large projects may be phased development through two or more sections; however, in all cases, the open space requirement equal to the amount required for the phase to be developed must be set aside. This open space to be set aside shall be restricted from any further community development, even if subsequent phases are not completed.

(3)

Sites for community facilities shall not be computed in the determination of the open space requirements unless such facilities are incorporated into the first phase of development. The second phase of development shall not be approved unless these facilities have been built or are under construction, or until the plans modify the location of the open area without these sites.

The following general standards shall apply to all PUD districts:

A.

The planned unit development shall conform to the goals, objectives and policies of the adopted comprehensive plan.

B.

The planned unit development shall be of such design that it will result in a development achieving the stated purposes of the intent of the district.

C.

The planned unit development shall efficiently utilize the available land and shall protect and preserve to the extent possible all scenic assets and natural features such as trees, streams and topographic features.

D.

The planned unit development shall be designed to minimize injury to the use or value of existing surrounding property, and shall not hinder, deter, or impede the use or development of surrounding properties in accordance with the comprehensive plan.

E.

Within a planned unit development, particular emphasis shall be placed on the provision of recreational amenities, and a comprehensive system of pedestrian walkways, bicycle paths, and the like shall be carefully coordinated with the provisions of open spaces, public facilities, vehicular access routes and similar facilities on adjacent tracts.

F.

Where several parcels of land in the same ownership or land in different ownership are shown on a preliminary site plan, adequate assurances including, if necessary, covenants running with the land and/or bonds sufficient to cover the cost of development shall be provided to ensure that the public facilities shown will be developed.

G.

The developer shall identify the name and residence of the individuals who are the owners of the development.

A.

Access and circulation. The proposed use and layout of all development projects shall provide safe, convenient, and efficient vehicular and pedestrian movement throughout the site, with appropriate connections to existing roads, streets, walks, and community development.

(1)

All external access circulation roads and streets serving development projects, whether public or private, shall be paved and shall conform to the construction and minimum standards of the Virginia Department of Transportation.

(2)

The internal street improvements shall be paved and shall conform to the construction and minimum standards of the Virginia Department of Transportation. They shall extend continuously from the existing public road to the individual lots or common off-street parking areas and other facilities on the property, and such internal network shall provide adequate connections to the existing or planned streets or roads at the boundaries of the property.

(3)

Walks. Walks as shown on the site plan shall be provided for safe, convenient, and essential pedestrian access; shall be of adequate width for intended use; and shall be constructed of durable materials for ease of maintenance. Accessibility requirements must meet standards set forth by the Americans with Disabilities Act (ADA) CABO/ANSI A117.1-1992.

B.

Utilities. All developable lots shall accommodate either on-site or centralized water and sewage disposal systems. All sanitary waste disposal and potable water facilities must be approved by the Virginia Department of Health. At no such time shall any water or sewer system, or the maintenance thereof, become the responsibility of King and Queen County, Virginia. If a land application of sewage treatment effluent is approved, such land area shall not be computed in the determination of the open space requirement. Easements and rights-of-way for utilities may be included in the determination of the open space requirement if all such improvements are underground. Trash and garbage collection areas shall be provided as shown on the site plan.

Prior to the approval of any final site plan, for the overall project or any part thereof, the board of supervisors shall require a contract with safeguards approved by the county attorney securing construction of public improvements.

The owner or developer shall furnish to the county a certified check or cash escrow in the amount of the estimated costs of construction of the public improvements, or post a personal, corporate or property bond, with surety satisfactory to the county attorney in the amount of the estimated cost of construction, or furnish to the board of supervisors a bank letter of credit on certain designated funds in the amount of the estimated cost of construction, said letter of credit to be approved by the county attorney.

Upon completion and approval of the required public street improvements, the developer shall post a defect bond in the amount of ten percent of the cost of the improvements, said bond to guarantee the correction by the developer of any defects in material or of workmanship in the installation of the required improvements for one year subsequent to the approval of the installation.

Unless changed through the same process used to establish a PUD district, all terms, conditions, safeguards and stipulations made at the time of the rezoning of a planned unit development including approval of a master plan and site plan, with or without specified modifications, shall be binding upon the applicant or any successors in interest. Deviation from approved plans or failure to comply with any requirements, conditions, or safeguards shall constitute a violation of these zoning regulations.

Private streets are permitted in planned unit developments upon the approval of the board of supervisors, provided that their construction standards conform to the subdivision street standards of the county, and provided further that adequate provisions are made for the permanent maintenance of such private streets.

Within a PUD, all utilities, including telephone, television cable, and electrical systems, shall be installed underground. Appurtenances to these systems which require aboveground installations must be effectively screened.