The purpose of this chapter is to permit such flexibility and provide performance criteria which can result in planned developments which produce:

A.

A maximum choice in the types of environment and living units available to the public;

B.

Open space and recreation areas;

C.

A pattern of development which preserves trees, outstanding natural topography and geological features and prevents soils erosion;

D.

A creative approach to the use of land and related physical development;

E.

An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs;

F.

An environment of stable character in harmony with surrounding development;

G.

A more desirable environment than would be possible through the strict application of other sections of this title. A planned unit development shall be a separate entity with a distinct character in harmony with surrounding development. The PUD section is designed to provide for small- and large-scale development incorporating a variety of residential types and related uses which are planned and developed as a unit. Such development may consist of individual lots or it may have common building sites. Common land must be an essential and major element of the plan which is related to and affects the long-term value of the homes and other developments.

(Ord. 182 § 9.0, 1976)

The planned unit development may be established in the R-1, R-2 and R-3 districts.

(Ord. 182 § 9.1, 1976)

A.

The developers shall present plans, reports and related information in sufficient detail to enable the planning commission to evaluate the proposed development in accordance with the provisions of this chapter. Review by the commission shall take place at public hearings advertised at least fifteen (15) days prior to such hearing. Adjacent property owners shall be notified of the proposed project and the hearing dates.

B.

A zoning certificate for any structure in a planned unit development shall be used only after the plans for such development have been approved by the planning commission. All structures in a planned unit development shall be constructed as shown on the approved plans. See Chapter 17.52 for fees.

C.

As part of its review, the commission determines the feasibility and desirability of the project on the basis of the following considerations:

1.

Relationship to master plan, ordinances and development policies;

2.

General location with regard to availability of vehicular access and water and sewerage facilities;

3.

Topography and relationship to existing community;

4.

Potential after effect of growth and demand for public facilities and services;

5.

General timing of the proposal.

D.

The following submissions shall be made:

1.

A survey plat drawn at no less than a one inch equals two hundred (200) feet scale showing the tract boundary, five-foot contours, all existing zoning and a vicinity map;

2.

A written account generally identifying types, locations, densities and acreage consumed by all proposed land uses;

3.

A requested density for the total project;

4.

A statement of intent concerning the provision of municipal water and municipal sewer and highway improvements, noting their feasibility and when and by what means each is to be provided;

5.

Eight copies of the general development plan on a survey plat including:

a.

The land use plan identifying the type, location, quantity, design and density of specific sections and the project in total,

b.

The street layout and design,

c.

The open space plan for all common land;

6.

A plan for phasing the construction of the project, showing construction of the project, showing geographic coverage of future plats and their approximate sequence of submission.

In its review the commission is empowered to request additional information that it may deem necessary.

E.

On the basis of its review, the planning commission may approve the concept of the project and grant a density not to exceed that stated in this chapter, or disapprove the concept of the project. The commission may attach conditions to the approval.

F.

After planning commission approval the project must proceed through the customary subdivision regulation process. The customary subdivision fee is not required.

(Amended during 2000 supplement; Ord. 182 § 9.2, 1976)

A.

The planning commission shall investigate and ascertain that the plans for a planned unit development meet the following conditions:

1.

Size of Tract. The tract of land for the project shall consist of not less than ten (10) acres.

2.

Density. The density for the PUD shall relate to the zoning district in which it is located. The overall maximum gross density that may be permitted is as follows:

B.

If the floodplain area of the planned unit development exceeds ten (10) percent of the site, then when calculating the maximum number of dwelling units to be built on the tract, the useable area shall first be determined by deducting from the gross area of the tract all floodplain areas (fifty (50) year floodplain and floodplain alluvium soils) and then applying the approved density figure for the PUD to the useable area contained in the tract.

C.

Use of Buildings.

1.

Buildings may be used for all residential uses, public and cultural uses, recreational uses and commercial uses as herein specified.

2.

Single-family detached, two-family and multifamily residential uses shall be permitted regardless of the district classification. The mix of residential dwelling units shall be in accordance with the following requirements:

3.

Limited commercial uses, as approved by the planning commission, shall be permitted in developments containing one hundred (100) or more dwelling units. Such commercial uses shall be permitted at the ratio of two thousand four hundred (2,400) square feet floor area (or one-half acre) for every one hundred (100) dwelling units.

 The commercial area shall be approved by the planning commission and may be located in separate buildings or incorporated within a multifamily structure provided that no residential uses be located below the commercial use.

D.

Height. There shall be a maximum height limitation based on the zoning district.

E.

Lot Size and Width. There shall be no minimum lot area or lot width requirements.

F.

Yard Area. No single-family detached dwellings and no addition to a single-family detached dwelling shall be erected within a distance of less than sixteen (16) feet from any other building. Two-family, multifamily and other principal buildings shall be located at least twenty-five (25) feet from all other principal buildings.

G.

Open Space.

1.

"Open space" means land area within the PUD which is either undeveloped or developed for recreational purposes and is either owned in common among the residents or, with the approval of the burgess and commissioners, is dedicated to the town; provided, however, that in the case of PUDs which include a golf course as an integral feature of the planned community, the golf course may be considered open space if owned by the residents, the town or a private entity. If the golf course is privately owned, ownership of the golf course property shall be transferred to the town, at no cost to that town, if: (1) the golf course is not constructed or one hundred (100) percent bonded for construction by the time all houses in the PUD are constructed; or (2) the golf course use ever ceases to exist on the property.

2.

At least twenty-five (25) percent of the tract shall be devoted to open space purposes. Of the required open space area, there shall be at least .05 acre per dwelling unit devoted to active recreational area, except that in the case of PUDs which include a golf course as an integral feature of the planned community, there shall be at least .015 acre per dwelling unit devoted to active recreational area. There shall be at least one separate active recreation area of a minimum of twenty thousand (20,000) square feet for each one hundred (100) dwelling units in the development.

H.

Public Utilities and Facilities. Public water and public sewer must be provided to the development. The planning commission may require the reservation of sites for other public facilities (schools, fire or police stations, library, etc.) if the need of the development justifies the facilities.

I.

Other Requirements. All other requirements (parking signs, accessory uses, etc.) of this title must be complied with.

(Ord. 05-09-01 § 1 (part), 2005; Ord. 182 § 9.3, 1976)

A.

A home owners' association will be required if other satisfactory arrangements have not been made for improving, operating and maintaining common facilities including streets, drives, service and parking areas and recreation areas. When required, the owner must establish a homes association in accordance with requirements and procedures approved by the planning commission. The Federal Housing Administration's Land Planning Bulletin entitled "Planned Unit Development with a Homes Association" may be used as a guide.

B.

Should any established homes association decide to dissolve such association, or if such association becomes defunct by any reason, the town disclaims any obligation to assume responsibility for lands held in common by such association. The burgess and commissioners reserve the option, however, to correct and bill homeowners involved for expenses incurred improving, operating and maintaining common facilities. Such charges shall become a lien against the property if not paid.

C.

Prior to any assumption of responsibility for lands and facilities held by the homes association, the burgess and commissioners may require that such land and facilities meet the minimum standards required of similar facilities normally under town responsibility.

(Ord. 07-12-01 § 3, 2008; Ord. 182 § 9.4, 1976)