This Chapter shall be known and may be cited as the Planned Unit Development Ordinance. (Ord 216 § 1, 2002)

1. The purpose of a Planned Unit Development (PUD) is to provide opportunities to create more desirable environments through the application of flexible and diversified land development standards under a professional, prepared comprehensive plan and program. The PUD is intended to encourage the application of new techniques and new technology to community development, which will result in superior living or development arrangements with lasting values. It is further intended to achieve economics in land development, maintenance, street systems, and utility networks while providing building groupings for privacy, usable, open spaces, and vehicle and pedestrian circulation for the inhabitants.
   1. The Planned Unit Development concept is designed to allow redevelopment of existing sites through approval of a plan, which reduces setbacks and other requirements to allow new residential development that matches the character of the surrounding neighborhood.
   2. The Planned Unit Development concept is designed to allow development of lands in environmentally sensitive areas; for example, 40 dwelling units may be clustered on five acres of a ten-acre parcel, leaving the remaining five acres in the flood plain as open space and attaining the same overall density possible under traditional zoning districts.
2. Except as otherwise restricted, the Planned Unit Development may be proposed as a substitute for any existing zone and may be initiated by the owner as herein defined, or upon the motion of the Council as prescribed in this Chapter. The Planned Unit Development may be used for residential, or a combination of residential/business purposes.
3. PUD's with lots sold to individuals shall dedicate and construct public roads, water distribution and sewer collection systems, and storm water drainage systems that meet Town standards. The Town will accept dedication of these constructed roads, water distribution, sewer collection and storm water drainage systems which meet the standards of construction specified by the Town Engineer, and maintain these in accordance with Town policy for similar public services. Roadways are not considered part of a PUD site or required open space area. (Ord 216 § 2, 2002)
   

1. Common Area - Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development. It may include complementary structures and improvements.
2. Conceptual Design Report - Plans and details of a proposed PUD site development of sufficient accuracy to be used for the purpose of discussion and classifications (see Section 12).
3. Conceptual Plan - A rough sketch map of a proposed site, or site map of sufficient accuracy to be used for the purposes of discussion and classification.
4. Developer - The legal or beneficial owner (or owners), of a lot or any land included in a proposed development. Also, it may be the holder of an option or contract to purchase, or any other person having enforceable proprietary interest in such land.
5. Development - A planning and construction project involving substantial property improvement and, usually, a change of land-use character within the site; the act of using land for building or extractive purposes.
6. Easement - A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.
7. Final Engineered Construction Drawings - An engineered plan including all details on the preliminary plan, however these plans should be at 100% completion and prepared for final permitting/approval and construction bidding.
8. Final Plat - A completed map of all or a portion of a subdivision, which is prepared in accordance with the provisions of this Chapter and all other subdivision ordinances, to be presented to the Planning Commission for recommendations and to the Town Council for final approval. Upon approval by the Town Council, this document is filed at the County Recorder's Office for permanent record, and allowing individual parcel ownership transfers.
9. Immediate Neighborhood - All private real estate within a three-hundred-foot radius of the perimeter of the property in question.
10. Landscaping - The use of vegetation and inorganic durable materials such as those identified in Title 15, Chapter 49, to enhance the visual attractiveness of a site and improve erosion control.
11. Model Structure - A structure specifically constructed for the purposes of demonstration and/or development offices. This structure shall not be occupied for other purposes, until such improvements are completed and accepted by the Town Engineer.
12. Open Space - Any parcel or area of land or water, essentially unimproved and set aside, dedicated, designated, and/or reserved for public or private use and/or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
13. Planned Unit Development (PUD) - An area of minimum contiguous size, as specified by ordinance, to be planned, developed, operated, and maintained as a single entity containing one or more structures to accommodate residential, commercial, and/or business uses, and appurtenant common areas, and other uses incidental to the predominate uses.
14. Plat - A map or maps of a subdivision.
15. Preliminary Engineered Construction Drawings - An engineered plan showing the proposed location and construction detail of streets, utilities, topography, drainage and drainage systems, floodplain and floodways, marshes, waterways, and other relative information to the construction and development of a site. These plans should be at a 90% completion to qualify as preliminary plans.
16. Preliminary Plat - A preliminary map showing the proposed layout of the subdivision and subject to Planning Commission review and recommendations. Details on the map shall include all items required within the subdivision ordinance and this Chapter.
17. Site Plan - An accurately scaled detailed development plan that illustrates the existing conditions as well as depicts details of the proposed development. The plan details the location and size of buildings, the size and area of the land under consideration, street names and widths, parking area size, and all other items required by the Town. (See Title 15, Chapter 48)
18. Site Plan Agreement - A binding agreement between a developer and/or other interested parties and the Town of Ranchester that may include, but is not limited to: financial assurances, street and utility construction schedules and agreements, improvement construction and maintenance agreements, plat submission schedules, allowed uses, use limitations, zoning, and zoning limitations.
19. Specifications - are the Technical requirements detailing the construction of physical improvements and guidelines for contracting and bidding the proposed improvements.
20. Town Engineer - The individual employed by the Town of Ranchester and designated as the Town Engineer or other individuals delegated by the Town Engineer to act as his/her representative or in the absence thereof.
21. Town Master Plan - The most current Town-adopted comprehensive, long-range plan intended to guide the growth and development of the Town of Ranchester. This plan may include analysis, recommendations, and proposals for the community's population, economy, housing, transportation, community facilities, and land use. (Ord 216 § 3, 2002)
    

1. The Planned Unit Development concept may be used in three situations:
   1. Zoning property PUD upon annexation and approval of conceptual plan and conceptual design report concurrently;
   2. Rezoning property from an existing residential or B-1 District to PUD, and approving the conceptual plan and the conceptual design report concurrently; or
   3. Approving a final plat and conceptual design report as an overlay of an existing residential or B-1 property, where the permitted uses of the existing district apply, but the site can be developed as a PUD.
2. PUD's shall be noted on the zoning map. In the case that a property is zoned PUD (situations 1 and 2 listed above) with the approval of the conceptual plan and the conceptual design report, the platting process must be completed to final plat stage prior to division of the property and development of the site. (Ord 216 § 4, 2002)
   

The Council and the Planning Commission shall approve a PUD, if the PUD is found to satisfy standards of this Chapter, including the following:

1. Be compatible with the goals and policies of the Town Master Plan and/or other applicable adopted plans and policies.
2. Be compatible with the area surrounding the project site and place no greater demand on existing Town facilities and services than can be furnished by the Town.
3. Promote the efficient use of land by means of a more economical arrangement of buildings/lots, circulation systems, land uses, densities, and utilities.
4. Provide for useable and suitably located open space such as, but not limited to, bicycle paths, playground areas, courtyards, tennis courts, swimming pools, planned gardens, outdoor seating areas, outdoor picnic areas, and similar open space.
5. Demonstrate flexibility and quality in design to permit diversification in the location, type, and uses of structures.
6. Combine and coordinate architectural styles, building forms, and building relationships within the development and in concert with adjacent and surrounding land and development.
7. Minimize impact on adjacent zoning districts by limiting building heights, providing screening and/or other buffers.
8. Preserve and utilize where possible, existing landscape features and amenities and encourage the harmonious combination of such features with structures and other improvements.
9. Be designed and developed as a whole under the control of one owner, partnership, corporation, or agency.
10. Consist of such a mixture of uses, density, or characteristic or creative design.
11. Constitute a buffer zone between existing land uses and existing zones. (Ord 216 § 5, 2002)
    

Except as otherwise permitted or restricted by Wyoming State Statute, conceptual design report, or other laws or actions of the Town Council, all uses permitted in any residential district or B-1 Districts are permitted in a PUD, provided that when residential uses are proposed for a specific PUD, any commercial uses proposed for the PUD must be shown to be primarily for the service and convenience of the residents of the development and the immediate neighborhood, and that such uses, if any, shall not change, injure, or destroy, temporarily or permanently, the predominantly residential character of the PUD. If a PUD is used as an overlay, there shall be no uses allowed other than those permitted in the district for which the PUD is an overlay or as further restricted by conceptual design report, Wyoming State Statute, or other action. (Ord 216 § 6, 2002)

A PUD site shall consist of a land area of a minimum of one and one-half (11/2) acres in size; a smaller land area may be permitted with written approval by the Planning Commission and Town Council. (Ord 216 § 7, 2002)

Minimum lot area, width, and yard requirements of other districts do not apply in the PUD or PUD overlay. (Ord 216 § 8, 2002)

1. A minimum of the following total land areas shall be retained as usable open space:
   1. Residential Uses: Twenty percent (20%) of the total land area.
   2. Commercial: Fifteen percent (15%) of the total land area.
2. Roadways and required parking and yard areas cannot be included in open space requirements. (Ord. 216 § 9, 2002)
   

The type of proposed construction shall be described in the PUD application, providing that:

1. If the spacing between buildings is not equivalent to the spacing that would be required between buildings similarly developed under traditional zoning on separate parcels, other design features shall provide light, ventilation, and other characteristics equivalent to those that would have been obtained from the spacing standards.
2. Buildings, off-street parking and loading facilities, open space, landscaping, and screening shall provide protection outside the boundary lines of the development comparable to that otherwise required of similar development in other existing districts. Off-street parking requirements are outlined in the Town's Zoning Ordinance.
3. The maximum building height shall not exceed two stories or 28 feet for residential uses, or four stories or 50 feet for commercial uses, except that a greater height may be approved by the Town Council if surrounding open space within the PUD, building setbacks, and other design features are used to avoid any adverse impact due to the greater height. (Ord 216 § 10, 2002)
   

The number of dwelling units will be determined as provided in this Section.

1. If a PUD is used as an overlay, there shall be no more dwelling units per acre than permitted in the district for which the PUD is an overlay.
2. If the PUD is used as a separate zoning district, the number of units will be determined as provided in subsection (c) hereof.
3. The maximum residential development density of a PUD or PUD overlay shall not exceed 20 dwelling units per acre, unless the Council and Planning Commission find, upon a showing by the land owner, that the PUD is in the public interest because one or more of the following conditions exists:
   1. An unusual physical or topographical feature of importance to the people of the area or the community as a whole exists on the site or in the neighborhood that can be preserved and still leave the landowner equivalent use of the land by the use of a PUD.
   2. The property or its neighborhood has a historical character of importance to the community that will be protected by the use of a PUD.
4. There exist no maximum density requirements for business type PUD's or PUD overlay developments. (Ord 216 § 11, 2002)
   

This process will allow the developer to rezone or annex property as PUD district prior to the completion of final platting and site development procedures for a proposed site. It should be noted that this process does not omit the requirements for final plat approval and site development approval. Typically, this process could be used for sites wherein the exact lot configuration is not known at the time that the developer would like to obtain Town Council approval for a PUD. Before a tract of land may be considered for Planned Unit Development, the developer(s) shall:

1. Meet with the Town Engineer to discuss the proposal prior to submission of any application.
2. Submit, prior to the development of an existing or proposed PUD within the Ranchester Town limits, a conceptual plan, conceptual design report, and application per requirements of this Chapter. (Ord 216 § 12, 2002)
   

The application shall include all information on the form supplied by the Town Engineer and the following:

1. Names and addresses of all abutting and all property owners within 300-foot radius of the perimeter of the site, not including the rights-of-way.
2. Certificate of Title or other documentation specifically verifying ownership or enforceable proprietary interest in the site.
3. Verification that information regarding the proposed development has been properly posted at the site. (Ord 216 § 12, 2002)
   

The conceptual plan shall include:

1. Legal description of the proposed site;
2. Proposed and existing zoning of the site and adjacent properties;
3. Existing utilities and structures;
4. Utility capacity and volume demands for proposed site (water, sewer, storm sewer, etc.);
5. Anticipated traffic generated from the proposed development;
6. Proposed right-of-way, open space/park dedication areas, buffer zones, parking, and specific land uses layout and area defined;
7. A written statement by the developer explaining the objectives to be achieved by the Planned Unit Development and the overall density for the PUD as well as the ratio of open space to developed areas;
8. Scale of one (1) inch = one hundred (100) feet or larger and north directional arrow; and
9. Stamp of Licensed Surveyor or Professional Engineer. (Ord 216 § 12, 2002)
   

The Conceptual Design Report shall include, but may not be limited to:

1. Uses specifically prohibited and/or allowed;
2. General description and responsible party for the construction and maintenance physical improvements (constructed during the site development stage of the project) including, but not limited to: streets, utilities, storm drainage systems, signs, sidewalks and/or pedestrian ways, buffer zones, landscaping, and other improvements such as tennis courts, parks, etc.
3. Schedule for project completion.
4. An explanation of the objectives to be achieved by the Planned Unit Development.
5. A statement of architectural theme and building type, distinguishing the uses of single-family dwellings, multifamily dwellings, townhouses, condominiums, and commercial structures.
6. A program describing the uses and activities to be permitted within each area, including the following:
   1. the type, sizes, and mixture of dwelling units.
   2. The acreage or square footage of each use, including non-residential parking, roadways, easements, rights-of-way, and recreational areas.
   3. The number of off-street parking spaces.
   4. Any other applicable restrictions such as building setbacks, height limits, access, grades, or widths of roads.
   5. The overall density for the entire Planned Unit Development, as well as the ratio of open space in areas to be developed, stated on a percentage basis, including the number of square feet.
   6. A written statement by a registered, professional engineer, which shall describe the following:
      1. The proposed method and arrangement for connection to the municipal water system, and the projected usage and needs.
      2. The proposed method and arrangement for connecting to the municipal sewer system, and the projected usage and needs.
      3. The soil, geological, and ground water conditions of the site; and the manner in which storm drainage will be handled.
      4. Traffic generation data and recommendations for controlling impact.
   7. If the PUD is to be developed in stages, a description of each stage and an estimated date of completion for each stage. Any change or alteration in the design of the PUD or completion will require the owner to submit an amended plan in compliance with the most current rules and regulations adopted by the Town. (Ord 216 § 12, 2002)
      

1. The process for submittal of information for a PUD overlay includes the items listed above and those procedures listed in the subdivision ordinance for final plat approval.
2. Mobile Home Park Regulations: If the PUD is to be developed as mobile home residential usage, the Mobile Home Park Regulations of the Town of Ranchester shall apply. If said regulations are precluded in any manner, appropriate platting shall be required in accordance with the Subdivision Regulations.
3. Subdivision Regulations: If the Planned Unit Development is to be subdivided, the Subdivision Regulations of the Town of Ranchester shall apply. If said regulations are precluded in any manner, through the use of townhouses or condominiums, appropriate platting shall be required in accordance with all related subdivision ordinances of the Town of Ranchester shall apply, and must be approved by the Planning Commission and Town Council. (Ord 216 § 12, 2002)
   

1. The Planning Commission reviews and forwards recommendation to the Council on all PUD's.
2. Within 20 working days after submission of the required information has been made, the Planning Commission shall hold a public hearing for which public notice shall be given. At such meeting, all interested parties may present testimony and evidence pertinent to the proposed Planned Unit Development. The Planning Commission shall recommend approval, approval with contingencies, table, or deny the proposal and shall state the rationale of their decision in writing, and shall forward their decision to the Council.
3. The Council shall then conduct a public hearing and approve, table, or deny the PUD Conceptual Plan and Conceptual Design Report or PUD Final Plat, Conceptual Plan, Conceptual Design Report and Site Plan Agreement.
4. If the application is approved, the owner(s) may proceed with the Site Plan Agreement executed with the Town and the final platting and site development, and shall obtain the required building permits upon acceptance of the improvements (from the Office of the Town Engineer).
5. If the application is tabled, it shall be considered at the next regular Council meeting and a determination made, unless the Council, at its option and upon request of the owner(s), determines to table the proposal until a future date.
6. A denial of the proposal shall be considered final.
7. Final platting must be approved by the Town Council prior to site development (construction of improvements) and transfer of ownership of portions of the site. Final platting must be completed in accordance with the Subdivision Regulations and must include financial assurance in a form acceptable to the Town Council.
8. Site Development Plans (Site Plans, Preliminary and Final Engineering Plans, Technical Specifications, and As-Built Plans) shall be approved by the Town Engineer. The Town Engineer may approve the issuance of building permits to 10% of the platted lots upon completion of construction and acceptance of the underground utilities. In addition, the Town Engineer may approve the issuance of one (1) model structure building permit prior to the completion of the underground utilities, but not until approval of final engineering plans and specifications is issued by the Town Engineer. (Ord 216 § 13, 2002)
   

Within 20 working days after the submission of the required information has been made a written notice of the day, time, and place of the public hearing shall be mailed certified, return receipt requested, or delivered by the applicant to all abutting and all property owners within a 300 ft. radius of the perimeter of the site, not including rights-of-way. The notice shall be mailed and delivered at least 15 calendar days prior to the hearing. Notice shall be published at least 15 calendar days prior to the hearing as required by law. (Ord 216 § 14, 2002)

Upon submission of a zone change application and/or PUD application, the applicant shall pay a fee established by the Council, for the cost of advertising, the Public Hearing, and the review of the application. (Ord 216 § 15, 2002)

1. The Final Plat, Conceptual Plan and Conceptual Design Report, as passed by the Council, shall not be altered during the construction of the Planned Unit Development, except as hereinafter set forth.
   1. Minor alterations in locations, setting, alignments, bulk of structures, placement or types of plant material, changes in grades, heights, or character of structures, or other similar alterations may be authorized by the Town Engineer, if required by circumstances not reasonably foreseeable at the time the Final Conceptual Plan and Conceptual Design Report was approved.
   2. All other alterations in use, intent, rearrangement of lots, realignment of major circulation patterns, density levels, provisions governing common or open space, or the ratio thereof, or any other alterations that, in the judgment of the Town Engineer are substantial change(s), the Planned Unit Development must be approved by the Planning Commission and passed by the Council at public meetings for which public notice is given. The same type and quality of data shall be required as was necessary for the original final approval and passage. (Ord 216 § 16, 2002)
      

Planned Unit Development sites may be developed as single lots with single ownership, as condominiums, or as platted lots with individual owners. Single lot and ownership PUD's would be in the instance of apartments. Condominium ownership would be where individuals purchase the air space in their dwelling unit and share in common interest in the actual building and the entire site. A lot ownership format would be where townhouses (attached single family house) and detached single-family homes are platted on individual lots owned by individuals. In all instances, a homeowner's association is required to maintain the common areas of the site through assessments. (Ord 216 § 17, 2002)

1. PUD's may contain private drives built to private standards, for access to the buildings on site. In this instance all roadways must be dedicated easements/rights-of-ways for access of owners, law enforcement, and fire and emergency vehicles.
2. All PUD's with private roadways may be specifically allowed by the Town Council wherein "special" circumstances exist. The developer must provide evidence of the practical difficulties or unnecessary hardship that would be imposed by the requirements for public roadways. An association shall be established for assessment of fees and maintenance, and shall be approved by the Town Engineer and recorded with the final plat.
3. PUD's with lots sold to individuals, shall be encouraged to dedicate and construct public roads, water distribution and sewer collection systems, and storm water drainage systems which meet Town standards. The Town will accept dedication of the constructed roads, water distribution, sewer collection and storm water drainage systems, which meet the standards of construction specified by the Town Engineer, and maintain these in accordance with Town policy for similar public services. (Ord 216 § 18, 2002)
   

The approved site plan, agreements, plats, homeowners' association documents and other supporting data will be recorded by the Town as a matter of public record (the owner shall pay all recording fees). The Town will monitor construction and require the site to be constructed in accordance with the approved final engineered construction drawings and specifications. (Ord 216 § 19, 2002)

All platting and construction of public roadways will comply with Town of Ranchester policies and procedures, technical specification, and mobile home park or subdivision regulations. (Ord 216 § 20, 2002)