(a)

The planned unit development district (PUD) is to provide an opportunity for innovative urban design techniques, improved use of land, protection of valuable natural features in the community, develop a desirable land use mix and provide open space and more economical public service.

(b)

This provision is to encourage the unified development of large tracts of land using more creative and flexible concepts in site planning than would otherwise be possible through the strict application of minimum and maximum requirements of conventional zoning districts established in this chapter. The proposed PUD must be in harmony with the general purpose and intent of this chapter and the Pomona Park Comprehensive Plan.

(c)

The PUD may contain any mixture of residential, commercial, industrial, and recreational land uses so long as these uses are made compatible through spatial or buffering techniques. The acceptable mix of land uses within a PUD in the town is based upon the type and location of PUD under review. Commercial and recreational uses within a PUD shall be at a level no greater than that required for commercial and recreational needs of the residents of the PUD, in land area approximately four percent in commercial and six percent in recreational.

(d)

Planned unit developments may be applied as an optional overlay district over any underlying land use. Application of the PUD overlay will require a rezoning petition.

(e)

The design and construction of a PUD project shall follow a carefully devised plan of development which must be prepared in accordance with the requirements, procedures and approvals prescribed in this section.

(1)

PUD defined; permissible uses:

a.

For the purpose of this chapter, a planned unit development (PUD) shall mean the development of land under unified control which is planned and developed as a whole in a single or programmed series of operations with uses and structures substantially related to the character of the entire development. A PUD must also include a program for the provision, maintenance, and operation of all areas, improvements, facilities, and necessary services for the common use of all occupants thereof.

b.

Any use which is permitted or permissible by exception in any zoning district may be included in a PUD.

(2)

Procedures:

a.

Application for rezoning to PUD. An application for rezoning to a PUD shall proceed in general as for other application for rezoning and, in addition to the information usually required for such applications, the following shall be required:

1.

Plats and/or metes and bounds descriptive of the area within the PUD.

2.

The name and address of the owner and, if applicable, evidence of the assignment of an agent who represents the owner.

3.

Evidence of unified control of the entire area within the PUD with all owners within the area of same identified.

4.

An agreement by all owners within the PUD which includes their commitment to:

i.

Proceed with the proposed development in accordance with the adopted PUD ordinance and such conditions and safe-guards as may be set by the town council in such ordinance;

ii.

Provide a written statement of a proposal for completion of such development according to plans approved by such ordinance and for continuing operating and maintenance of such areas, functions and facilities as are not to be provided, operated or maintained by Pomona Park pursuant to written agreement; and

iii.

To bind their successors in title to any commitments made in their application.

b.

Materials to accompany petition. An application for rezoning to PUD shall be accompanied by the following in sufficient copies as deemed necessary by the town council for referrals and recommendations:

1.

Plans, maps, studies, and reports as may reasonably be required by the town council, in order to make the findings and determinations called for in the particular case.

2.

A written description of the intended plan of development clearly indicating where approval of the PUD will benefit the future occupants of the proposed development and the town in general.

3.

A mylar copy of a sketch plan at an appropriate scale supporting the above statement illustrating:

i.

The preliminary location of all uses.

ii.

The number of residential units proposed and/or the amount of floor area proposed, their general site distribution indicating those areas to be owner-occupied and those to be renter-occupied.

iii.

A preliminary vehicular and pedestrian circulation system including parking areas, and streets to be dedicated.

iv.

A system of open space and recreational uses, with estimates of acreage to be dedicated and that to be retained in common ownership.

v.

A topographic map at an appropriate scale showing contour lines, including all existing buildings and wooded areas.

4.

Preliminary statements indicating how the problems of maintenance and ownership of common facilities will be resolved.

5.

Preliminary schedules of development, including the staging and phasing of:

i.

Areas to be developed, in order of priority.

ii.

The construction of streets, utilities and other improvements necessary to serve the proposed development.

iii.

The dedication of land to public use.

c.

Action by the town council. Following the public hearings as required for all allocations for rezoning, the town council may enact an ordinance establishing a PUD including any special conditions related thereto based upon findings that the proposed PUD does not affect adversely the health and safety of residents or workers in the area and will not be detrimental to the use or development of adjacent properties or the general neighborhood.

d.

Deviations from ordinance creating a PUD. In order to facilitate minor adjustments to the plans approved as part of the ordinance creating a PUD, the town council may approve changes in such plans which comply with the following criteria:

1.

There are the same or fewer number of dwelling units and/or floor area;

2.

The open space is in the same general amount or a greater amount; or

3.

The roads follow approximately the same course, have the same or greater width, and have the same public or private rights therein.

e.

Expiration of time limits provided in ordinance creating a PUD. If development actions required by the ordinance creating a PUD are not taken within any time limits set by the town council in such ordinance, the approval of a PUD as provided in such ordinance shall become invalid and no further action shall be permitted under same.

(3)

Implementation of a PUD:

a.

Development plans. Following the enactment of an ordinance creating a PUD, a detailed development plan of all or part of the PUD shall be submitted to the zoning officer for review in accordance with the schedule of development, as contained in the ordinance. Such development plans shall include final site plans, drawings, information, and other documentation, as required by the town council.

b.

Approval of development plan. The zoning officer shall review the final development plan, and if found to be in compliance with all requirements of the PUD, then shall recommend approval of the PUD and forward an approved copy thereof to the town council for final approval.

c.

Recording. Upon approval of the final development plan, the town council shall notify the applicant by certified mail within ten days of the date of approval. Upon receipt of the required fee from the applicant and the maps and other related documents, the town council shall present a mylar copy of the final development plan to the town clerk for recording. A copy of the final development plan shall also be sent to the building official's office.

d.

Permits required. All construction in the development of a PUD shall proceed only under applicable permits issued by the zoning officer, and no building permit, certificate, or other document authorizing construction or occupancy within a PUD shall be issued, except in accordance with the approved development plan.

(4)

Standards and criteria:

a.

Density of development. The total number of dwelling units and/or the total floor area shall not exceed that permitted in the equivalent zoning district based on the uses proposed, or as approved by the town council.

b.

Open space. The open space area shall be recorded upon the final development plan of the PUD. The open space shall be utilized as a park for either passive or active recreation or as a conservation area. The open space shall either be dedicated to a public government entity or be maintained by a community association composed of residents of the PUD. Land recorded as open in the PUD shall not be encroached upon by any residential, commercial, or industrial primary or accessory use.

c.

Waiver of yard, dwelling unit, frontage criteria and use restriction. Minimum yard, lot size, type of dwelling unit, height, and frontage requirements and use restrictions are waived for the PUD, provided the spirit and intent of this chapter are complied with within the total development of the PUD.

d.

Access. Access to each single-family dwelling unit shall be provided via either a public right-of-way or a private vehicular or pedestrian way owned by the individual lot owner in fee or in common ownership with the residents of the PUD.

(Ord. No. 2015-06, § 11, 2-9-2016)