(a)

The Planned Unit Development (hereinafter called "PUD") provisions contained herein are intended to provide for the planning and development of substantial tracts of land, suitable in location and character for the uses proposed, as unified and integrated entities in accordance with detailed development plans.

(b)

Such PUDs are to be permitted as amendments to the Zoning District Map upon approval of a specific development proposal which complies with the requirements and standards set forth in this Article.

(c)

The regulations contained herein, which are based on sound comprehensive planning principles, are adopted to unify planning and development and are intended to accomplish the purposes of public control to the same extent as zoning and other regulations applicable to conventional lot-by-lot development, while simplifying, integrating and coordinating land development controls and providing the necessary flexibility to encourage design innovation and creative community development.

(d)

Specifically, the PUD provisions are intended to further the following objectives:

(1)

To provide flexibility in land planning and development, resulting in amenable relationships between buildings and ancillary uses and permitting more intensive use of land where well-related open space and recreational facilities are integrated into overall design.

(2)

To encourage unity and diversity in land development, resulting in convenient and harmonious groupings of uses, structures and common facilities; varied type, design and layout of housing and other buildings; and appropriate relationships of open spaces to intended uses and structures.

(3)

To encourage unified and planned development of a site without customary subdivision into single lots and without specific application of the district regulations as provided for individual lots, subject to the regulations set forth herein.

(4)

To provide for and encourage the preservation and enhancement of desirable natural landscape and other features unique to a development site.

(5)

To provide reasonable standards and criteria by which the specific proposals for a PUD can be evaluated.

(6)

To provide a procedure which can relate the design and layout of unified residential, commercial or industrial developments to the particular site and demand for such development in a manner consistent with the preservation of property values within established residential areas.

(Prior Code, § 6-10A; Ord. No. 2016-4, § 1, 8-29-2016)

(a)

Relation to major transportation system. PUD Districts shall be so located with respect to major streets and highways or other transportation facilities as to be directly accessible without creating traffic on minor streets in residential areas outside such districts.

(b)

Relation to public utilities and community facilities. PUD Districts shall be so located in relation to public utilities and community facilities and services, either existing or to be available by the time development reaches the stage where they will be required, that such facilities can be provided at reasonable cost and with reasonable efficiency.

(c)

Relation to general pattern of urban development. PUD Districts shall be planned and located in general compliance with the Comprehensive Plan and shall relate to the major elements of the urban pattern, including housing, commercial facilities and principal places of employment, by physical proximity of major streets so as to provide for the convenience and amenity of residents of the community and reduce general traffic congestion by a close relationship between origins and destinations.

(Prior Code, § 6-10B; Ord. No. 2016-4, § 1, 8-29-2016)

The site shall be suitable for the development proposed without hazards to structures, occupants or any property from probability of flooding on the site or on adjacent lands, erosion or deposition of eroded material on adjacent lands, subsidence of the soils or other dangerous conditions. Soil, groundwater level, drainage and topography shall be appropriate to both kind and pattern of use intended.

(Prior Code, § 6-10C; Ord. No. 2016-4, § 1, 8-29-2016)

(a)

Vehicular access. Entrances and exits for vehicles shall be designed to encourage smooth traffic flow with minimum hazards to passing traffic or to traffic entering or leaving the development. Merging or turnout lanes may be required when anticipated traffic flows from or to the PUD indicate the need for such lanes. In no case shall streets within a PUD District connect to streets outside the district in such a way as to encourage use of any minor streets for through traffic.

(b)

Perimeter setback and screening. If topographical or other barriers do not provide adequate buffer between the PUD and adjacent uses, structures on the perimeter of the PUD shall be set back a distance equal to the minimum setback requirement of the adjoining district, or shall be permanently screened by fences, walls or plantings as required to sufficiently protect the privacy and amenity of adjacent uses, to protect the PUD from potentially adverse external influences, such as a major street or highway, and as necessary to make transition from adjoining districts.

(Prior Code, § 6-10D; Ord. No. 2016-4, § 1, 8-29-2016)

The improvements required under Chapter 17 of this Code, including streets, storm drainage, sanitary sewage and potable water systems, shall be provided in each PUD. The requirements and standards for the construction of streets and utilities set forth in Chapter 17 shall be subject to modification where the plan and program for a PUD make adequate provision for vehicular and pedestrian access and circulation, recreation, utility and service needs of the tract when fully developed and occupied, and also provide such covenants, easements or other legal documents and provisions as will assure conformity to and successful implementation of the plan. Such modifications shall be subject to approval by the Board of Trustees.

(Prior Code, § 6-10E; Ord. No. 2016-4, § 1, 8-29-2016)

(a)

Prior to the filing of an application for amendment to establish PUD Districts, the developer shall submit to the Planning Commission a sketch plan and report as specified in Chapter 17 of this Code, plus the following information:

(1)

Evidence of unified control of the entire area proposed for development.

(2)

A tentative schedule of development.

(3)

Evidence of financial capability to complete the development as proposed.

This procedure shall not require a fee or formal application for amendment.

(b)

The Planning Commission shall study the material received to determine its general acceptability and compliance with the Comprehensive Plan and the objectives of this Chapter.

(c)

Following such study, the Planning Commission shall hold a conference with the applicant within 30 days of receipt of all materials to discuss desirable changes in the sketch plan.

(Prior Code, § 6-10F; Ord. No. 2016-4, § 1, 8-29-2016)

(a)

On reaching conclusions informally as recommended in Section 16-9-110 above regarding the acceptability of the plan or program as presented in the sketch plan, the developer may make formal application for amendment to establish a PUD District.

(b)

Application for amendment to establish a PUD District shall be filed with the Planning Commission. Application forms are available from the Town. The applicant shall be responsible for payment of all actual costs incurred by the Town for giving public notices and reviewing and processing the application.

(c)

Material to be submitted with the application shall include the following:

(1)

A preliminary development plan containing the information specified in Chapter 17 of this Code, with such modifications and additions as required, including identification of building sites when used instead of lots, common open space not dedicated for public use and other matters as appropriate to PUDs generally or to the specific PUD. Specifically, the preliminary development plan shall indicate subareas for phased development, if any; major off-street parking and loading areas; location and use of structures in relation to building site lines; open space areas in relation to the use for which they are intended; and other information as required to establish a clear pattern of the relationship between structures, uses, circulation and open space.

(2)

Indication as to order and timing of development and accompanying improvements.

(3)

Proposals for improvement and continuing maintenance and management of any private streets or ways or common open space not offered or accepted for dedication for general public use.

(4)

A drainage plan indicating how stormwater runoff from existing and proposed developments on upstream properties, as well as for the project itself, will be handled without adversely impacting downstream properties.

(5)

Other written and graphic materials that may be reasonably requested by the Planning Commission.

(d)

The Planning Commission shall review the preliminary development plan and consult with other agencies as necessary to determine compliance with the requirements and standards of this Article and with the outline development plan originally submitted by the applicant.

(e)

The Planning Commission shall hold a public hearing on the proposal as provided in Section 16-19-20. The public hearing shall be held not less than 15 days nor more than 45 days after receipt of all application materials.

(f)

As soon as possible after such public hearing, the Planning Commission shall forward its recommendation to the Board of Trustees, indicating approval, approval with specific conditions or disapproval, and its reasons therefor.

(g)

If, after a public hearing as required in Section 16-19-20 held not less than 15 days nor more than 45 days after receipt of the Planning Commission recommendation, the Board of Trustees grants the application for amendment, such amendment shall relate to the preliminary development plan and shall include any conditions or modifications deemed necessary to bring such plan into full accordance with the requirements and intent of this Chapter. Rezoning shall be effective upon approval of the preliminary development plan.

(h)

The cost of providing utilities or other facilities of a capacity greater than that needed by the project itself as deemed necessary by the Board of Trustees will be negotiated by the Board of Trustees and the developer.

(Prior Code, § 6-10G; Ord. No. 2016-4, § 1, 8-29-2016)

(a)

Before any building permit may be issued in the PUD, a final development plan and report shall be submitted and approved by the Board of Trustees. The final development plan and report shall be submitted to the Town at least 15 days prior to a regularly scheduled Board of Trustees meeting and shall be considered by the Board of Trustees within 45 days of submittal. Such plan shall be in accordance with the preliminary development plans approved by the Board of Trustees, with such modifications as attached by the Board of Trustees in its zoning amendment.

(b)

The final development plan and supplementary material shall include the following:

(1)

A map and report containing the information required in Chapter 17 of this Code, with modifications and additions as appropriate to PUDs generally and to the specific PUD proposal.

(2)

Detailed plans for individual buildings or groups of buildings, including the following:

a.

Site plans for the building sites, indicating relationship to adjoining areas.

b.

Floor plans of buildings, indicating horizontal dimensions, uses of space and floor areas.

c.

Elevations of the buildings involved, indicating height and first lowest floor elevation.

d.

Site plans indicating the provision of adequate, paved, lighted, off-street parking for the uses proposed.

(3)

Land areas, floor areas and required open space areas as necessary to make a determination as to compliance with requirements for land use intensity.

(4)

All agreements, covenants, contracts and deed restrictions, in a form acceptable to the Town. Specifically, there shall be included a subdivision improvements agreement which provides the mechanism whereby the applicant and his or her successors, heirs and assigns guarantee to make the subdivision improvements required by the Town according to an acceptable time schedule. The subdivision improvements agreement shall further specify the terms of ensuring the quality, performance and maintenance of said subdivision improvements. Said subdivision improvements shall include, but not be limited to, streets, drainage structures and improvements, utilities, landscaping and traffic control devices.

(5)

Dedication statements for any public land not designated on the plat.

(6)

If the use is nonresidential, the number of employees and the type of activity shall be specified.

(7)

If the use is residential, the type of units and number of each unit to be built shall be specified.

(8)

A complete listing of all landscaping materials, including scientific and common names, quantity, size at planting, size at maturity and a symbol or label to identify materials on the landscape plan.

(9)

The location and dimensions of all existing and proposed traffic controls, trash disposal areas and enclosures, electric transformers, landscaping materials shown at mature sizes and the maintenance system for landscaping.

(10)

Other written and graphic materials as may reasonably be required by the Board of Trustees.

(c)

The Board of Trustees may authorize the submittal of the final development plan in phases. Each phase may constitute only that portion of the approved preliminary development plan that the developer proposes to develop at that time.

(d)

Following review and approval of the final development plan, the Town shall record the approved PUD plan with the County Clerk and Recorder. Building permits will be issued only after streets with road base suitable for paving, curb and gutter, sewer lines, water lines, storm drainage facilities and grading have been completed according to the time schedule in the subdivision improvements agreement and according to the requirements and standards of this Chapter and Chapter 17 of this Code. Certificates of occupancy shall be issued only after all terms of the subdivision improvements agreement have been met.

(e)

The final development plan as approved by the Board of Trustees shall be binding and shall not be changed during the construction of the PUD, except upon application to the appropriate agency under the following procedure:

(1)

Minor changes in location, siting, bulk or size of structures or improvements may be authorized by the Board of Trustees if required by circumstances not foreseen at the time the final plan was approved.

(2)

All other changes in use, arrangements of blocks or streets, or significant changes in the provision of required open spaces, must be made by the Board of Trustees under the procedure provided in Article 19 of this Chapter for amendment of the Zoning Map.

(Prior Code, § 6-10H; Ord. No. 2016-4, § 1, 8-29-2016)