To provide an adequate array of housing opportunities and choices for existing and future residents of the Planning Area; and

To encourage the preservation of wooded hillsides and open space throughout the Planning Area; and

To facilitate connected open space throughout the Planning Area in a manner consistent with the Comprehensive Plan; and

To encourage the development of unique nodes of residential and mixed-use development that are properly integrated into adjacent transportation networks and uses with properly buffering and separation from traditional neighborhoods and mixed-use development; and

To provide for development and redevelopment in sustainable forms and proportions; and

To further the general and municipal community development objectives upon which this Zoning Ordinance is based.

Common open space. Forty percent of the site shall be dedicated as common open space adhering to the following standards.

Uses authorized. The following uses are authorized in the residential community PRD.

The amount of dwelling units permitted per acre shall be calculated as follows:

Lot standards.

Landscaping. At a minimum, townhouse units shall be landscaped around the front of the units which face the street or access drive bearing one high-level planting per unit or two ornamental trees per unit; and four low-level plantings per unit. Elderly residential facilities shall provide 30% of the lot on which they are constructed as landscaped area bearing grass, groundcover, or decorative stone or mulch. Said area shall include one high-level or two ornamental trees for every 1,500 square feet of landscaped area and one low-level planting for every 300 square feet of said landscaped area.

Elderly residential and neighborhood public or semipublic establishments shall be housed within structures adhering to the standards of § 300-905.

Applicability of Zoning Ordinance provisions, subdivision and land development ordinance, and related ordinances. Unless expressly modified by the standards of this section, all other requirements of this chapter, the local subdivision and land development ordinance, and local street, grading, and other land development standards shall apply to developments proposed under this section. Such ordinance standards may be modified only when the developer demonstrates that literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of this chapter is observed; or that a modification meets or exceeds standards meeting the purpose or intent of the ordinance in question. The above shall not withstand all standard post approval requirements instituted by the local subdivision and land development ordinance, namely the required posting of financial security for streets, public improvements, and certain private amenities.

The land area of residential components that include the uses authorized in the residential community PRD standards shall be so designated on the plan and subject to and limited to the standards authorized in the residential community PRD, including open space requirements.

The commercial component shall be designated on the plan and subject to the specific standards of this section, the provisions of § 300-603 not withstanding for the residential components.

The maximum building height shall be 65 feet.

All uses expressly authorized as permitted or conditional in the underlying zoning district shall be authorized as such in the underlying district. Additionally, mixed-use buildings are authorized.

Principal structures shall provide a front yard setback of at least 50 feet.

Unless connected by party walls, structures shall provide for side and rear yard setbacks of at least 50 feet with one additional foot of setback for each foot in height above two stories. Where multiple principal structures exist on one lot, this setback shall be enforced between principal structures as well.

Thirty percent of the land area in the commercial portion shall be dedicated as common open space. Five percent of the open space required shall be provided in a central area faced by more than one principal structure and fronting a street. Said space shall be 5% or less in grade and shall provide for pedestrian usage.

Principal commercial structures shall be set back at least 50 feet from residentially designated sections of the development.

Landscaping shall be provided around the perimeter of all parking lots at a rate of one high-level planting for each 50 linear feet of perimeter, including access drives. Additionally, landscaping shall be disbursed around visible portions of the principal structure at a rate of one high-level planting or one ornamental tree and four low-level plantings for each 25 linear feet of the structure's perimeter.

The residential component of the development, those uses solely authorized in the residential community PRD, shall comprise at least 20% of the square footage of all uses within the PRD and no more than 60% of the total square footage.

The proportion of retail, office, and manufacturing/warehouse shall be submitted as proposed and shall be authorized given the proportion of uses reasonably related to the similar proportion in the Planning Area at large, determined by the most recent Economic Census and subsequent permit data. Employment within or regular utilization of ancillary establishment intended primarily for use by residents of the PRD shall also serve as a finding of fact or justification for approved use proportions.

All final phases approved shall contain the proportions of commercial development type commensurate with that approved in the overall or tentative approval. Same shall also include at least 20% of the land area as residential or may develop all residential in the first final phase constructed. In lieu of such provisions, a developer may submit covenants in favor of the municipality, in a form acceptable to the municipality, which restrict future development to those uses shown on the tentative plan.

Applicability of Zoning Ordinance provisions, subdivision and land development ordinance, and related ordinances. Unless expressly modified by the standards of this section, all other requirements of this chapter, the local subdivision and land development ordinance[1], and local street, grading, and other land development standards shall apply to developments proposed under this section. Such ordinance standards may be modified only when the developer demonstrates that literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of the ordinance is observed; or that a modification meets or exceeds standards meeting the purpose or intent of the ordinance in question. The above shall not withstand all standard post approval requirements instituted by the local subdivision and land development ordinance, namely the required posting of financial security for streets, public improvements, and certain private amenities.

A legal description of the total tract proposed for development, including a statement of present and proposed ownership.

A written statement demonstrating conformance with the Comprehensive Plan and community development objectives of this chapter.

A written statement detailing the general character of the development in relation to surrounding uses and the proportion of use types contained therein. Each use type shall be listed by unit and square footage. Types shall include those separately authorized as residential or ancillary commercial in the residential community PRD and as retail, office, or manufacturing/warehouse in the mixed-use community PRD.

A written statement of the requested modifications to other ordinance provisions otherwise applicable.

A location map which clearly shows the location and area of the site proposed for development with relation to all lands, buildings and structures within 200 feet of its boundaries, the location and distance to existing streets and highways and the names of landowners of adjacent properties.

A development plan prepared at a scale no smaller than one inch equals 50 feet showing the following information:

A preliminary traffic report which details impact on on-site intersections and off-site intersections substantially impacted by the PRD.

Application forms prepared by the municipality requiring information sufficient to review the application, provide findings of fact, and determine conformance to the provisions of this section.

Review and application fees required by municipal ordinance or resolution.

Preliminary elevations and architectural renderings of typical structures.

Preliminary reports demonstrating the general basis or nexus of general site design to grading, erosion, stormwater, and street construction ordinance standards.

In the case of development plans that call for development over a period of years, a schedule for phasing the development shall be provided. This phasing schedule shall be reviewed annually with the Planning Commission on the anniversary of tentative approval or as each phase is completed, whichever occurs first.

The Zoning Officer shall review an application for tentative approval within one week of delivery and shall notify the applicant of any deficiencies of certify the applicant as complete. Submissions of deficient items shall be reviewed in the same manner. The Zoning Officer shall, when all application materials are submitted, certify the application as complete. The date on which completion is certified shall constitute the official filing date.

The Planning Commission shall review the application at the next regular meeting scheduled 21 days or later from the official filing date.

The governing body shall hold a public hearing on the matter pursuant to public notice within 60 days of the official filing date. The governing body may hold subsequent hearings provided that all hearings are concluded within 60 days of the initial hearing.

Decision. Within 60 days following the conclusion of the public hearings or 180 days from the official filing date, whichever is less, the governing body shall, by official written communication, either grant tentative approval of the development plan, as submitted; grant tentative approval of the development plan, subject to specified conditions not included in the development plan as submitted; or deny tentative approval. Failure to act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication of the governing body, notify the governing body of his refusal to accept all said conditions, in which case the governing body shall be deemed to have denied tentative approval of the development plan. In the event that the landowner does not, within said period, notify the governing body of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted. The decision will be filed with the secretary of the governing body and the applicant. The decision shall include an approved schedule of final plan application filing which shall not be less than three months from the tentative approval date.

Tentative approval of a development plan shall not qualify a plat of the planned residential development for recording nor authorize development or the issuance of any building permits. A development plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by action of the municipality pending an application or applications for final approval, without the consent of the landowner, provided an application or applications for final approval is filed or, in the case of development over a period of years, provided applications are filed, within the periods of time specified in the official written communication granting tentative approval.

In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall so notify the governing body in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the municipal secretary or clerk of the municipality.

In those respects in which the development plan is or is not consistent with the comprehensive plan for the development of the municipality;

The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest;

The purpose, location and amount of the common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development;

The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment;

The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established;

In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan; and

The mixture of uses and housing choices and commercial establishments and their ability or inability to meet current and anticipated needs of present and future residents and patrons.

Adherence to all specific performance standards and requirements of this article or lack thereof.

All final reports demonstrating compliance with local erosion and sedimentation, grading, and stormwater ordinances in forms required by the Municipal Engineer and the respective ordinances.

A plan showing existing and proposed contours at intervals of five feet; watercourses; floodplains; wetlands; woodlands; soils; steep slopes, delineating and labeling 25% through 40% slopes and greater than 40% slopes; and other natural features.

A plat, in conformance with that required by the local subdivision ordinance[1] showing or denoting all approved setbacks.

Plans showing the platted lines along with building footprints and number of stories and gross square footage related thereto. Said plans shall show all easements and designations of residential and commercial areas. Single-family homes may show a building envelope or area with a typical square footage or building footprint anticipated.

All covenants required to demonstrate initial and ongoing compliance with the provisions of this article. Such covenants shall include but not be limited to the preservation of woodlands, usage of open space, preservation of natural features, maintenance of buffer areas, signage and lighting, etc.

Documents establishing a home- or landowners' association and detailing the maintenance of common open space. Said documents may include condominium declaration statements and related covenants.

A general plan of signage and lighting, including styles, materials, and colors utilized.

Street cross-sections and construction drawings demonstrating compliance with municipal standards or approved modifications.

Further reports including geotechnical reports where required to demonstrate safe and stable construction of principal dwellings, streets, access drives, and parking.

A narrative detailing any modifications from tentative approval.

A finalized phase specific traffic study indicating level of service for all intersections.

Deeds dedicating public land, where required through tentative approval.

Estimates for public improvements and amenities for which bonds are required by the local subdivision ordinance.

Final landscaping and parking plans including tables demonstrating compliance with the provisions of this article in terms of number and percentage provided.

The Zoning Officer shall review an application for final approval within one week of delivery and shall notify the applicant of any deficiencies of certify the applicant as complete. Submissions of deficient items shall be reviewed in the same manner. The Zoning Officer shall, when all application materials are submitted, certify the application as complete. The date on which completion is certified shall constitute the official filing date.

Variation from original plan. In the event that the development plan submitted contains variations from the development plan granted tentative approval, the governing body may refuse to grant final approval and may, within 45 days of the official filing date of the application for final approval (provided, however, that should the next regular meeting occur more than 30 days following the official filing date, the forty-five-day period shall be measured from the 30th day following the day the application has been filed), advise the applicant, in writing, of said refusal, setting forth in said notice the reasons why one or more of the variations are not in the public interest. In the event of such refusal, the landowner may either refile the application for final approval without the variations objected; or file a written request with the local governing body that it hold a public hearing on the application for final approval. If the landowner wishes to take either alternate action, he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days, if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. If the landowner fails to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner described in this article for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the governing body shall by official written communication either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in this article. Failure of the governing body to render a decision on an application for final approval and communicate it to the applicant within the time and in the manner required by this section shall be deemed an approval of the application for final approval, as presented, unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner or presentation of communication shall have like effect.

In the event the application for final approval has been officially filed, together with all drawings, specifications and other documents in support thereof, and as required by this article and the official written communication of tentative approval, the municipality shall, within 45 days from the date of the regular meeting of the local planning commission, whichever first reviews the application, next following the date the application is filed, grant such development plan final approval; provided, however, that should the next regular meeting occur more than 30 days following the filing of the application, the forty-five-day period shall be measured from the 30th day following the official filing date.

The developer shall post financial security and shall execute a developer's agreement as required by the local subdivision ordinance prior to recording of the final plat. The plat shall be recorded within 90 days of final plan approval. The developer's agreement shall at a minimum, in addition to that required by the local subdivision ordinance, cite those provisions of the notice of tentative approval applicable to the respective phase, include a timeline for development proposed by the developer but not to exceed five years, reference construction inspections and responsibilities, reference the installation of landscaping and private amenities, and address the recordation of homeowners' association documents and covenants.

The developer shall be afforded the five-year timeline to commence and complete development as noted in Section 508 of the Municipalities Planning Code and otherwise applicable to subdivisions and land developments. Where the developer notifies the governing body that he has abandoned the plan or the aforesaid timeline cited in Section 508 expires, the plan shall be deemed abandoned and no further development or permits for such development shall take place. The governing body shall amend its ordinance to reclassify the property to a zoning district.

An applicant for permits which do not conform strictly to the approved plan may request a modification to the plan by providing all reports and plans required by final approval which are proposed to be modified. A statement concerning consistency with the comprehensive plan and community development objectives shall be submitted along with any required fees and forms provided by the municipality. Upon acceptance, the application shall be afforded the timelines and process provided for final PRD approval. The governing body, however, shall hold a public hearing pursuant to public notice prior to voting on the application.

Modification approval shall be provided in a manner that meets all requirements and standards of this article.

Findings regarding approval shall consider the following: