North Manchester City Zoning Code

PLANNED UNIT

DEVELOPMENT

§ 156.330 PURPOSE.

(A) The purpose of this subchapter is to permit more flexibility in a development through land use controls that:

(1) Foster good environment design without violating the constitutional requirements of uniform classification and adequate standards that permit planned residential developments in accordance with the comprehensive development plan of the town;

(2) Permit a variety of housing types including single-family detached, two-family, condominiums and multi-family dwellings, and other integrated land uses in imaginative physical and aesthetic relationship to one another;

(3) Permits the grouping and preservation of open space, school sites, recreation areas and lands for other public, semi-public (i.e., churches) and private purposes;

(4) Permit the development of an area rather than individual lot development; and

(5) Serves as an incentive for the development of passive energy designs for conservation purposes.

(B) No particular development shall necessarily include all the requirements set forth above.

(Ord. passed 9-26-2006)

§ 156.331 GENERAL REQUIREMENTS.

The general requirements for planned unit developments are as follows.

(A) The tract proposed shall consist of one or more contiguous parcels of land comprising an area of four acres or more in size, unless the tract is bounded on all sides by public right-of-way, public lands, watercourses or less restrictive use districts or is adjacent to another planned unit development, in which case it may be smaller than four acres if approved by the Plan Commission.

(B) The primary use of the tract shall be residential, and may include single-family, two-family and multi-family dwellings and the usual accessory uses such as garages, storage space and community activities.

(C) The tract may contain commercial and professional and personal service uses as an integral part of a residential development; but such uses shall be planned and gauged primarily for the service and convenience of residents of the planned development, and shall be authorized only to the extent that such uses are not available to the residents within a reasonable proximity.

(D) Planned unit developments shall be designed to create environments of stable and desirable character; they must provide provisions for recreation space adequate to meet the needs of the anticipated population or as designated in the comprehensive development plan.

(E) The tract must be served directly by streets of appropriate size, function and capacity. Internal street systems shall meet the minimum standards of the town.

(F) Street right-of-way and pavement widths, if approved by the Plan Commission, may be reduced; however, every dwelling unit and all other uses shall have access to a community street, court, walkway or other area dedicated to common use.

(G) Minimum lot sizes, minimum setbacks, maximum lot coverage and minimum lot widths shall be negotiated with and approved by the Plan Commission.

(H) No principal building height shall exceed 35 feet. No accessory building shall exceed 15 feet.

(I) All buildings shall be served by an adequate public sewer system, water supply and other utilities. Where practical, all utilities shall be located underground.

(J) All parking lots, open spaces and other areas in common ownership shall be maintained properly by the developer, management or homeowners association.

(K) Provisions for open space, compensating for the reduced lots sizes, setbacks and the like shall be made by the developer as required below.

(Ord. passed 9-26-2006)

§ 156.332 OPEN SPACE REQUIREMENTS.

(A) Designation of open space. No less than 20% of the land developed in any planned unit development shall be reserved as common open space for the residents or users of the area being developed. The open space shall be located as required in division (C) below. All required open space shall be readily accessible and usable by residents living within the approved development.

(B) Types of permitted open space.

(1) Common open space may either passive or active in nature and shall fully complement the proposed development. Such space shall take the form of parks, playgrounds, landscaped green space, nature walks or natural areas.

(2) Land donated for any public purpose, which is accepted by the town, may be credited towards the open space requirement at the discretion of the Plan Commission.

(3) Where a planned unit development is to be developed in phases, a portion of the required open space shall be provided in each phase. Maintenance of the open space shall be provided for in the planned unit development’s restrictive covenants recorded as part of the project.

(4) Common open space shall be either adjacent to, or accessible by, all properties within the planned unit development. Furthermore, open space shall be situated in such a way that it may be linked up with other open spaces adjacent to the proposed planned unit development.

(5) Private required yards on individual lots shall not count towards the open space requirements of this section.

(C) Disposition of common open space. The required amount of common open space land reserved in a planned unit development shall be held in corporate ownership by homeowners or the homeowners association of the project area for the use of each owner who buys property within the development or under exceptional circumstances be dedicated to the town, following consent and approval by the Plan Commission, and retained as common open space for public parks, recreation and related public uses. All land dedicated to the town must meet the Plan Commission’s requirements as to type, size, shape and location. Public utility and similar easements and rights-of-way are not acceptable for common open space dedication to the town, unless such land or right-of-way is usable as a trail or other for other similar purposes and approved by the Plan Commission. A homeowners association (HOA) shall be established and in place prior to the development of any land within a planned unit development with the open space(s) under their control being denoted on the record plat and identified as “non-buildable open space” other than for HOA approved uses.

(D) Maintenance of open space.

(1) Homeowners or a homeowners association shall be responsible for maintenance of open space and other required amenities within the proposed PUD unless it is dedicated to and accepted by the town. A homeowner’s association shall be established and the bylaws and articles of incorporation shall be recorded at the time of approval of the final plat, prior to issuance of a zoning certificate or approval of a final plat.

(2) The Plan Commission may require a maintenance bond be provided or an escrow account established by the developer for maintenance and upkeep of all common areas until such time as 75% of the lots in the planned unit development have been sold.

(Ord. passed 9-26-2006)

§ 156.333 PROCEDURE.

The developer shall comply with the following procedure for the submission and approval of a planned unit development.

(A) Proposed development plan.

(1) Submission of proposed development plan.

(a) For the purposes of accomplishing the objectives of this subchapter, the owner or owners of any tract of land shall submit a proposed development plan for the use and development of the land to the Plan Commission for review and public hearing.

(b) The applicant shall submit six copies of the proposed development plan. As a minimum, the proposed development plan shall contain the following information:

1. Access from public streets and internal site circulation;

2. General locations of proposed land uses and open spaces;

3. Existing site topography;

4. Typical building elevation(s) depicting the size and general character of proposed buildings;

5. Other project amenities;

6. A submittal letter describing the proposed project including:

a. Existing site land use and zoning;

b. Proposed land use and requested zone changes; and

c. Overall density of the project in terms of dwelling units per acre and/or gross floor area of non-residential buildings.

7. Other descriptive data to further explain the project.

(2) Hearing.

(a) Within a reasonable time after submission of the proposed development plan, the Plan Commission shall set a date for a public hearing and give 15 days’ notice.

1. If the Plan Commission approves, or approves with modifications, the development plan after public hearing, the Plan Commission shall affix its seal on the plans and provide the owner with a copy.

2. If the Plan Commission disapproves the proposed development plan after public hearing, the reasons for such disapproval shall be recorded in the minutes and the owner provided with a copy.

(b) Approval of the proposed development plan for a planned unit development shall not constitute town approval of the future preliminary plat or final plat. Rather it shall be deemed an expression of approval of the concepts and details of the proposed development plan as stated in the application for approval of the planned unit development, and as a specific guide to the preparation of the preliminary and final plats which are required as part of the application for approval of the planned unit development plan. Further, it indicates approval of the details in the application and a commitment by the applicant to such details.

(3) Effective time of approval. Approval of the proposed development plan by the Plan Commission shall be effective for a period of 12 months. Within this period of time, the owner shall file for preliminary plat approval or the development plan shall become null and void.

(B) Preliminary plat. The owner or applicant shall submit a preliminary plat to the Plan Commission in conformance with the procedures set forth in the subdivision regulations and below.

(1) Submission of preliminary plat.

(a) The preliminary plat shall conform to the previously approved development plan.

(b) The applicant shall submit six copies of the preliminary plat and complete application.

(c) All regulations for preliminary plat submissions as identified below shall be adhered to, except those regulations concerning lot size, setbacks, lot coverage, lot widths, building heights, street widths and rights-of-way which may be modified by the Plan Commission.

1. The preliminary plat shall provide following information:

a. Location map (which may be prepared by indicating the data by notations on available maps) showing:

i. Project name and location;

ii. Any thoroughfares related to the planned development;

iii. Existing elementary and high schools, parks and playgrounds, available for serving the planned development and other community facilities; and

iv. Title, scale, north point and date.

b. A preliminary plat showing:

i. Proposed name of the subdivision or development;

ii. Names and addresses of the owner, subdivider, land planning consultant, engineer or surveyor, who prepared the plan;

iii. Adjacent property owners, existing land uses and existing zoning within 200 feet of the subject property;

iv. Streets and rights-of-way, on and adjoining the site of the proposed subdivision or development, showing the names (which shall not duplicate other names of streets in the community, unless extensions of such streets) and including roadway widths, approximate gradients, types and widths of pavement, curbs, sidewalks, crosswalks and other pertinent data;

v. Easements including locations, widths and purposes;

vi. Statement concerning the location and approximate size or capacity of utilities to be installed;

vii. Layout of lots showing dimensions and numbered consecutively throughout the entire development;

viii. Parcels of land and square footage of areas proposed to be declared or reserved for schools, parks, common open spaces, playgrounds or other public, semi-public or community purposes;

ix. The areas of the subdivision or development to be used for each type of land use including residential (number of units, size and density), commercial, office, industrial or other activities indicating the total square footage of each use;

x. Contours at vertical intervals of two feet if the general slope of the site is less than 10% and at vertical intervals of five feet if the general slop is greater than 10%;

xi. Tract boundary lines showing dimensions, bearings, angles and references to section, township and range lines or corners;

xii. Building setback lines and building orientation;

xiii. A signage plan identifying the sizes and locations of all signage;

xiv. Landscaping and existing vegetation, including planned buffer areas between use groups;

xv. A traffic impact study, if determined necessary by the town;

xvi. A document describing the proposed phasing program for the project for all dwelling units, commercial or office structures, industrial, recreational and other common facilities, landscaping and other open space improvements;

xvii. Legend and notes;

xviii. Other features or conditions which would affect the subdivision or development either favorably or adversely; and

xix. Scale, north point and date.

c. A description of the protective covenants, homeowners association or private restrictions to be incorporated in the plat of the subdivision or development, or become covenants in the deeds for lots; and

d. The preliminary plat of the subdivision or development shall be drawn to a scale of 50 feet to one inch, or 100 feet to one inch; provided, however, that, if the resulting drawing would be over 36 inches in shortest dimension, a scale as recommended by the Commission may be used.

2. The review process may require the dissemination of the necessary drawings and information to the appropriate town departments for their review and comments.

(2) Hearing.

(a) Within a reasonable time after submission of the preliminary plat, the Plan Commission shall set a date for a public hearing and give 15 days’ notice according to the requirements of I.C. 5-3.

1. If the Plan Commission approves, or approves with modifications, the development plan after public hearing, the Plan Commission shall affix its seal on the plans and forward the recommendation to the Town Council for consideration.

2. If the Plan Commission disapproves the proposed development plan after public hearing, the reasons for such disapproval shall be recorded in the minutes and the owner provided with a copy.

(b) Approval of the preliminary plat by the Plan Commission and Town Council shall be effective for a period of 12 months. Within this period of time, the owner shall file for final plat approval or the preliminary plat shall become null and void.

(C) Final plat. The submission of a final plat for all or any portion of the preliminary plat shall be in accordance with the procedures as set forth for a final plat in the subdivision regulations and with the requirements below.

(1) Submission of final plat. The applicant shall submit six copies of the final plat and complete application.

(a) The final plat shall contain the following information:

1. Accurate boundary lines, with dimensions and angles, which provide a survey of the tract, closing with an error of not more than one foot in 20,000 feet;

2. Accurate distances and directions to the nearest established street corners or official monuments. Reference corners shall be accurately described on the plan;

3. Accurate locations of all existing and recorded streets intersecting the boundaries of the tract;

4. Accurate metes and bounds description of the boundary;

5. Source of title to the land to be subdivided as shown by the books of the county’s Recorder;

6. Adjacent property owners, existing land uses and existing zoning within 200 feet of the subject property;

7. Street names;

8. Complete curve notes for all curves included in the plan;

9. Street lines with accurate dimensions in feet and hundredths of feet, with angles to street, alley and lot lines;

10. Lot numbers and dimensions;

11. Accurate locations of easements for utilities and any limitations on such easements;

12. Accurate dimensions for any property to be dedicated or reserved for public, semi-public or community use;

13. The areas of the subdivision or development to be used for each type of land use including residential (number of units, size and density), commercial, office, industrial or other activities indicating the total square footage of each use;

14. Building setback lines, building orientation and dimensions;

15. Site plans, floor plans, elevations and cross-sections for representative buildings. Additional exterior detail drawings, materials specifications and paint colors shall be required if deemed essential to the further understanding of the intent or scope of the final plat;

16. A signage plan identifying the sizes and locations of all signage;

17. A detailed landscaping plan for all areas, indicating all existing and proposed vegetation by species, size and caliper; dimensions and materials, irrigation and special lighting fixtures;

18. Location, type, material and size of all monuments and lot markers;

19. Plans and specifications for the improvements required in this chapter;

20. Restrictions of all types which will run with the land and become covenants in the deeds for lots;

21. Name of the subdivision or development;

22. A document describing the proposed phasing program for the project for all dwelling units, commercial or office structures, industrial, recreational and other common facilities, landscaping and other open space improvements;

23. Name and address and owner and the subdivider;

24. North point, scale and date;

25. Certification by a registered land surveyor;

26. Certification of dedication of streets and other public property;

27. Certificate for approval by the Plan Commission; and

28. Certificate for approval by the Board of County Commissioners if the development lies wholly, or partly, beyond the town limits.

(b) The original drawing of the final plat of the subdivision shall be drawn to a scale of 50 feet to one inch; provided that, if the resulting drawing would be over 36 inches in shortest dimension, a scale of 100 feet to one inch may be used.

(D) Planned unit development standards for review. Using the information submitted by the owner or applicant, the Plan Commission shall review the application as to whether the petition meets the following standards.

(1) The proposed development shall conform to the adopted comprehensive plan, or represent a land use policy, which, in the Plan Commissions’ opinion, is a logical and acceptable change in the adopted comprehensive plan.

(2) The proposed development shall conform to the intent and all regulations, requirements and standards of a planned unit development.

(3) The proposed development shall be adequately served by public facilities and services such as, but not limited to, streets, police and fire protection, school capacity, drainage course, water and sanitary facilities, refuse disposal, and sidewalks; or that the persons or agencies responsible for the proposed development shall be able to properly provide such facilities and services.

(4) Common open space, other common properties and facilities, individual properties and all other elements of a planned unit development are so planned that they will achieve a unified open space and recreation area system with open space and all other elements in appropriate locations, suitably related to each other, the site and surrounding lands.

(5) The petitioner shall have made provision to assure that public and common areas will be or have been irrevocably committed for that purpose with notations of such commitment being denoted on the final plat. Provisions shall be made for financing of improvements shown on the plan for open space and other common areas, and that proper maintenance of such improvements is assured.

(6) Traffic to, from and within the site will not be hazardous or inconvenient to the project or to the surrounding neighborhood. In applying this standard the Plan Commission shall consider, among other things: convenient routes for pedestrian traffic; relationship of the proposed project to main thoroughfares and street intersections; the construction of any roadway improvements necessary to mitigate the impact of the development; and the general character and intensity of the existing and potential development of the neighborhood.

(7) The mix of housing unit types and densities, shall be acceptable in terms of compatibility, issues of privacy and similar measures.

(8) Where applicable, the convenience type retail or non-residential development within the project shall be appropriately located within the planned unit development such that the vehicular traffic generated by those uses does not affect the residential portions of the development.

(9) The Plan Commission shall determine, where applicable, that noise, odor, light or other external effects which are connected with the proposed uses, will not adversely affect adjacent and neighboring lands and uses outside of the planned unit development.

(10) The proposed development shall create a minimum disturbance to natural features and land forms.

(11) The property shall have adequate access to public streets. The plan shall provide for logical extensions of public streets and shall provide suitable street connections to adjacent parcels, where applicable.

(12) Pedestrian circulation shall be provided within the site, and shall interconnect all use areas, where applicable. The pedestrian system shall provide for a logical extension of pedestrian ways outside the site and to the edges of the site, where applicable.

(Ord. passed 9-26-2006)

§ 156.334 DESIGNATION BINDING SUCCESSORS IN INTEREST.

Construction must commence in accordance with the approved final development plan within 12 months from approval of the final plat. If construction has not begun within the 12-month period, the PUD is voided and the zoning reverts back to the previous zoning classification unless good cause can be shown by the applicant and an extension of not more than 12 months is granted by the Plan Commission. If the project is not completed within the time frame specified in the application, the applicant shall come before the Board to identify the reasons for the delay(s).

(Ord. passed 9-26-2006)

§ 156.335 MODIFICATIONS TO APPROVED PLAN.

(A) Minor changes to an approved final plat may be approved by the Building Commissioner if such changes are consistent with the purpose and general character of the proposed development plan and do not change the overall concept or intent of the development. The Building Commissioner shall determine whether or not the minor changes fall within his or her responsibility to approve the changes.

(B) The following modifications shall be considered a major modification of the final plat and shall only be approved by the Plan Commission:

(1) The extension or revision of the staged development schedule;

(2) Increases in density of more than 10%;

(3) Reduction of common open space of more than 10%;

(4) An increase of more than 10% in the proportion of housing types; or

(5) Major changes in infrastructure location including the alignment of major streets.

(C) Major changes may be approved only by submission of a new preliminary plat and supporting data, and following the preliminary plat approval steps, holding of a new public hearing and subsequent amendment of the final plat.