It is the policy of the Municipality to promote progressive development of land and construction thereon by encouraging planned unit developments. R-PUD Planned Unit Development Districts shall be approved in accordance with the procedures set forth in this chapter.

(Ord. 82-38 . Passed 9-20-82 . )

   The objectives for an R-PUD Planned Unit Development District are as follows

   (a)   A mixed choice of living and working environments by allowing a variety of housing and building types and by permitting an increased density per acre and a reduction in lot dimensions, building setbacks and area requirements;

   (b)   A more useful pattern of open space and recreation areas;

   (c)   A development pattern which preserves and utilizes natural topography and geographic features, scenic vistas and trees and other vegetation, and which prevents the disruption of natural drainage patterns;

   (d)   A more efficient use of land than is generally achieved through conventional development, resulting in substantial saving through shorter utilities and streets; and

   (e)   A development pattern in harmony with the land use, transportation facilities and community facilities objectives of the Comprehensive Plan.

   The Municipality is also prepared to accept a greater population density in undeveloped areas than that reflected by present zoning, provided that the developer can demonstrate that any increment of public cost clearly attributable to increased densities will be compensated by the private amenities and public benefits to be achieved by the plan of development.

(Ord. 82-38. Passed 9-20-82.)

   Because of the special characteristics of planned unit developments, special standards governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this chapter and those of any other chapter in this Zoning Code, the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this Zoning Code. The following design standards shall apply to all planned unit developments

   (a)   Underground utilities, including telephone and electrical systems, are required in all planned unit developments. Appurtenances to these systems which cannot be located underground may be exempted from this requirement, provided that the Planning Board finds that such exemption will not violate the intent or character of the proposed planned unit development.

   (b)   There shall be reserved within the tract to be developed on a planned unit basis a land area of not less than fifteen percent of the entire tract for use as common open space. Such open space shall not consist of isolated or fragmented pieces of land which would serve no useful purpose. Included in such open space may be such uses as pedestrian walkways, bikeways, park land, open areas, drainageways, clubhouses, recreation facilities or other uses of an essentially open character. Any off-street parking areas required in conjunction with such open space uses shall not be counted as a portion of the required open space. Ownership and disposition of such open space shall be as specified in Section 1278.13.

   (c)   The minimum gross area of the tract to be developed as a planned unit development shall conform to the following schedule

 

 

   When the planned unit development is a mixture of uses, the amount of land devoted to commercial and/or industrial uses shall be determined by the Planning Board.

(Ord. 82-38 . Passed 9-20-82. )

   The following standards apply to all residential planned unit developments

   (a)   The lot area for each dwelling unit may be reduced by not more than fifty percent from the minimum lot area required by the Residential District which formerly governed the use of the site. If a Residential Planned Unit Development District is proposed on a site not in a Residential District at the time of the initial planned unit development application, the fifty percent reduction shall be taken from the minimum lot area requirements of R-4 One and Two-Family Residential Districts.

   (b)   Front yard setbacks, side yard widths and rear yard depths may be adjusted in accordance with subsection (a) hereof at the discretion of the Planning Board, but the side yard setbacks shall never be less than 7.5 feet per side with a minimum total of at lease 15 feet.

   (c)   Residential dwelling types may be intermixed so long as the maximum gross density established pursuant to subsection (a) hereof is not exceeded. In areas where townhouses are used, there shall be no more than eight townhouse units in any contiguous group.

   (d)   Every lot created in the planned unit development should be designed to abut upon common open space or similar areas. Clustering of dwellings is encouraged.

   (e)   For those lots which abut other zoning districts, the distance between the dwelling and the side or rear lot line, whichever is applicable, shall be increased by one foot for each foot the height of the dwelling exceeds the maximum height for that type of dwelling in the Residential District which previously governed the use of the site.

   (f)   Any residential use permitted by this Zoning Code shall be permitted in a Residential R-PUD Planned Unit Development District, with the exception of mobile homes. Related civic, institutional and recreational uses may be permitted in such District at the discretion of the Planning Board.

   The following standards apply to all commercial planned unit developments

   (a)   All lot sizes and setbacks shall be subject to the approval of the Planning Board.

   (b)   Commercial buildings and establishments shall be planned as groups, having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections with thoroughfares. Planting screens or fences shall be provided on the sides of the development abutting areas occupied or likely to be occupied by residences.

   (c)   The plan of a commercial planned unit development shall provide for the integrated and harmonious design of buildings and for adequate and properly arranged facilities for internal traffic circulation, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding existing or potential developments.

   (d)   All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner as specified by the Planning Board.

   (e)   Off-street parking, loading and service areas shall be provided in accordance with Chapter 1292. However, off-street parking and loading areas are not permitted within fifteen feet of any residential use.

   (f)   Open space gained through the requirements of Section 1278.03 is to be used for the development of open plazas, pedestrian malls, tot lots and other public spaces and uses with adequate arrangements, design and planting.

   (g)   Any commercial use permitted in OA Office/ Apartment Districts or the GB General Business Districts is permitted in a commercial R-PUD Planned Unit Development District.

(Ord. 82-38 . Passed 9-20-82. )

   The following standards apply to all industrial planned unit developments

   (a)   Planned unit development of industrial establishments is encouraged by varying the setbacks and other requirements if it can be shown that the development will result in a more efficient and desirable use of land. All lot sizes, setbacks and building heights shall be approved by the Planning Board.

   (b)   Industrial uses and parcels shall be developed in park-like surroundings utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas or docks and/or outdoor storage of raw materials or products. A planned industrial area shall provide for the harmony of buildings and a compact grouping in order to economize with respect to the provision of such utility services as are required. Thoroughfares shall be kept to a minimum throughout a planned industrial area in order to reduce through traffic.

   (c)   Projected side yards of forty feet and a rear yard of fifty feet shall be required if the project is located adjacent to a Residential District or a residential R-PUD Planned Unit Development District. All intervening spaces between the right-of-way line and the projected building line and intervening spaces between buildings, drives, parking areas and improved areas shall be landscaped with trees and plantings and shall be properly maintained at all times.

   (d)   Any industrial use permitted in I-1 Light Industrial Districts is permitted in an industrial R-PUD District. Certain types of commercial uses such as restaurants, repair services or business services may be permitted as accessory uses in an industrial R-PUD District, at the discretion of the Planning Board. Offices directly related to the industrial uses in the District may also be permitted as accessory uses.

(Ord. 82-38. Passed 9-20-82.)

   The applicant for approval of a planned unit development is encouraged to engage in informal consultation with the Zoning Inspector and Planning Board prior to preparing his or her preliminary planned unit development plan, it being understood that no statement or representation by the Inspector or the Board shall be binding upon Council. The owner/ developers of the tract of land to be developed on a planned unit basis shall prepare a preliminary planned unit development plan and shall submit eight copies of the plan, along with an application for a change of zoning district, to the Board for its consideration.

   The plan shall include the following

   (a)   The boundaries of the tract to be developed on a planned unit basis;

   (b)   The base mapping of the tract showing the physical features, such as topography, drainageways, water bodies, trees (with more than a four-inch caliper trunk measured four feet above the ground) and all species native or indigenous to the area, and existing land uses;

   (c)   Highways and streets in the vicinity of the tract, and the ingress to and egress from the tract;

   (d)   The location of different general land use areas proposed to be developed;

   (e)   The proposed density levels of each residential area, if applicable;

   (f)   The proposed treatment of existing topography, drainageways and tree cover;

   (g)   The proposed general location of major vehicular circulation, showing how the circulation pattern relates to the Official Thoroughfare Plan;

   (h)   The location of schools, parks and other community facility sites, if any;

   (i)   The time schedule of projected development, if the total landholding is to be developed in stages or if construction is to extend beyond a two-year time period; and

   (j)   A list of all landowners whose property falls within 200 feet of any point along the boundary of the property in question.

(Ord. 82-38. Passed 9-20-82.)

   The Planning Board shall study the application and the preliminary planned unit development plan provided for in Section 1278.07 and may hold a public hearing within sixty days of the date of filing the application. Notice of the time and date of the public hearing shall be given, at least seven days before the date of such hearing, in a newspaper of general circulation in the Municipality.

(Ord. 82-38.Passed 9-20-82 . )

   Following the public hearing provided for in Section 1278.08, if held, the Planning Board shall make a report to Council recommending approval or disapproval of the planned unit development and the reasons therefor. The Board may explicitly impose special conditions relating to the planned unit development with regard to types and extent of public improvements to be installed, landscaping, circulation, the development and maintenance of common open space and other pertinent development characteristics. The Board, in making a favorable recommendation to Council, shall ensure that:

   (a)   The proposed R-PUD Planned Unit Development District is in conformity with the Comprehensive Plan;

   (b)   Each individual stage of development does not exceed the maximum density allowed for the planned unit development landholding as a whole;

   (c)   The proposed uses will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved in other zoning districts;

   (d)   The proposed internal streets will properly interconnect with the surrounding existing major and minor thoroughfares as designated in the Official Thoroughfare Plan;

   (e)   The proposed development represents a high level of land utilization;

   (f)   The applicant is able to present market and other related economic data sufficient to demonstrate both the need for, and the continued viability of, the proposed development; and

   (g)   The proposed development will not pre-empt land which, because of special considerations such as utility service capacity and/or the presence of a rail siding, is especially suited to more intensive uses.

(Ord. 82-38. Passed 9-20-82.)

   Upon receipt of the recommendation of the Planning Board, as provided in Section 1278.09, Council shall hold a public hearing, to be held less than sixty days from the date of receipt of the preliminary planned unit development plan from the Board. Notice of the time and place of the hearing shall be given, at least thirty days before the date of such hearing, in a newspaper of general circulation in the Municipality. The Municipality shall also notify, by registered mail and at the applicant's expense, all landowners whose property lies within 200 feet of any point along the boundary of the parcel in question. (Ord. 82-38. Passed 9-20-82.)

   (a)   Within thirty days after the date of the hearing provided for in Section 1278.10, Council, by ordinance, shall act upon the preliminary planned unit development plan and zone change application provided for in Section 1278.07. Approval of the plan shall be limited to the general acceptability of the land use proposed, proposed general density levels and their interrelationships. Approval shall not be construed as an endorsement of the precise location of uses, configuration of parcels or engineering feasibility, all of which are to be determined in the subsequent preparation of the detailed final planned unit development plan. Approval of the preliminary planned unit development plan shall constitute the creation of a separate R-PUD Planned Unit Development District.

   (b)   In taking action after the hearing, Council may also deny the preliminary planned unit development plan or may approve it subject to specified modifications. If Council denies the recommendation of the a Planning Board or approves the preliminary planned unit development plan subject to specified modifications, it must do so by a vote of at least five votes of the members of Council.

(Ord. 82-38. Passed 9-20-82; Ord. 99-08. Passed 4-19-99; Ord. 03-12. Passed 6-2-03.)

   At the time of the creation of an R-PUD Planned Unit Development District, Council shall make appropriate arrangement in writing, to be guaranteed by a bond to be furnished by the applicant, to ensure the accomplishment of the necessary public improvements as shown on the approved preliminary planned unit development plan.

(Ord. 82-38. Passed 9-20-82.)

   The required amount of common open space land reserved under a planned unit development shall either be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development, or be dedicated to the Municipality and retained as common open space for parks, recreation and related uses. All land dedicated to the Municipality must meet the Planning Board's requirements as to size, shape and location. Public utility and similar easements and rights-of-way, for watercourses and other similar channels, are not acceptable for common open space dedication to the Municipality, unless such land or right-of-way is usable as a trail or for a similar purpose and is approved by the Board. The responsibility for the maintenance of all open space shall be specified by the developer before approval of the final planned unit development plan.

(Ord. 82-38. Passed 9-20-82.)

   (a)   The approval of the preliminary planned unit development plan shall become null and void, and the land shall revert to its former zoning classification, unless the final planned unit development plan for the first section of the planned unit landholding has been formally approved by the Planning Board within two years after the date of approval of the preliminary plan, in accordance with Sections 1278.15 through 1278.17 and unless the final plan, where applicable, has been recorded in the office of the County Recorder.

   (b)   An extension of the time limit or a minor modification of the preliminary planned unit development plan may be approved by Council. Such approval shall be given upon a finding of the purpose and necessity for such extension or modification, evidence of reasonable effort toward the accomplishment of the preliminary planned unit development plan and the recommendation of the Planning Board.

   (c)   Council may also take such action as it deems appropriate which is at variance with a recommendation of the Planning Board, provided such action is approved by at least five votes of the members of Council.

(Ord. 82-38. Passed 9-20-82; Ord. 03-12. Passed 6-2-03.)

   Once an R-PUD Planned Unit Development District and the preliminary planned unit development plan therefor have been approved by Council, the owner or developer shall proceed with the preparation of the detailed final planned unit development plan. Such plan must be reviewed and approved by the Planning Board prior to the issuance of a zoning permit therefor by the Zoning Inspector.

   The plan shall be prepared for the owner or developer and bear the original signature and/or original seal of the professionally competent urban planner, professional engineer, architect or landscape architect included in the project; shall be in accordance with the approved preliminary planned unit development plan; and shall include the following

   (a)   A survey of the tract to be developed, existing physical features (such as general topography, drainageways and tree cover), streets, easements and utility lines;

   (b)   Detailed site plans showing lot lines, building outlines, building setbacks, off-street parking spaces, pedestrian walkways and vehicular circulation;

   (c)   Preliminary building plans, including floor plans and exterior elevations;

   (d)   Landscaping plans, including the quantity, size and variety of the landscaping;

   (e)   Specific detailed engineering plans, including site grading, street improvements, drainage and utility improvements and extensions as necessary;

   (f)   All necessary legal documentation relating to the organization or the legal entity created for the purpose of maintaining the required common open space included in the planned unit development; and

   (g)   Copies of any restrictive covenant to be recorded.

   The Planning Board may require changes in the detailed final plan, when, in its opinion, such changes will promote the health, safety and welfare of the community and preserve the character of the surrounding area. (Ord. 82-38. Passed 9-20-82.)

   Upon receipt of the detailed final planned unit development plan for each section of the planned unit development landholding, the Planning Board shall study and review the plan and shall approve, modify or disapprove the plan on the basis that all requirements have been satisfied and that:

   (a)   The proposed detailed final plan for each individual section of the overall R-PUD Planned Unit Development District is in conformity with the approved preliminary planned unit development plan and the Comprehensive Plan.

   (b)   Each individual stage of the planned unit development can exist as an independent planned unit which is capable of creating an environment of sustained desirability and stability, or adequate assurance will be provided that this objective can be achieved.

   (c)   Any part of the planned unit development not used for structures, parking and loading areas or streets shall be landscaped or otherwise improved or, if approved by the Planning Board, left in its natural state.

   (d)   Any exception from the standard requirements of this Zoning Code are warranted by the design and amenities incorporated in the detailed final plan, in accordance with the adopted policy of the Planning Board and Council.

   (e)   The proposed internal streets and thoroughfares are suitable and adequate to accommodate the anticipated traffic within and through the development.

   (f)   The detailed final plan is consistent with the intent and purpose of this Zoning Code to promote public health, safety and general welfare of the residents of the Municipality.

(Ord. 82-38. Passed 9-20-82.)

   All future subdivisions of a completed planned unit development shall be first reviewed and approved by the Planning Board to ensure that each subdivided area of the development includes the parking, open space, density and other similar necessary requirements.
(Ord. 82-38. Passed 9-20-82.)