A.

It is in the best interest of the city that a wide range of planned housing accommodations, planned commercial and business developments, mixed use developments, and industrial development be encouraged to meet the needs of the city and to accomplish sound physical and economic planning. Planned districts, encouraging the best possible design of buildings and site planning under a comprehensive plan of development provide for more efficient use of land and the provision of public services.

B.

Planned developments provide opportunities for alternative densities, lot sizes and other bulk regulations and often necessitate the special design and development of public streets and utilities. It is in the best interest of the city, therefore, that these planned districts be approved by the city council in accordance with specific plans to assure that the community will benefit from the proposed development with a minimum impact on existing development.

C.

Planned districts are therefore set forth in the text of this chapter, with specific boundaries to be established on the official zoning map* after approval by the city council of a preliminary development plan. These districts are "floating districts" and under Maryland case law are analogous to special exceptions. Criteria for establishment of these districts are set forth in the purpose for each district and shall be the basis for approval or denial by the city council without the necessity of showing a mistake in the original zoning or a change in the neighborhood.

(Ord. 2027 (part), 2007: prior code § 150-135)

* Editor's Note: The zoning map is on file in the Office of Planning and Zoning.

Applications for a planned districts, including all plans, shall be made to the planning director for review and recommendation by the planning commission and approval by the city council. Plans required for each stop in the review process shall be submitted to the same office for distribution to appropriate agencies for review.

(Ord. 2027 (part), 2007: prior code § 150-135.1)

A.

Before submitting an application, the applicant may meet with the directors of infrastructure and development, and planning for a preapplication conference to provide the developer with information concerning the requirements of this chapter, city policies and other related ordinances and to review the general concept of the proposed development, before submission to the planning commission.

B.

The planning director may furnish the applicant written comments regarding such conference, including appropriate recommendations to inform and assist the applicant prior to preparing detailed components of the application.

(Ord. 2027 (part), 2007: prior code § 150-135.2)

(Ord. No. 2459, 10-9-2017)

A.

An applicant may submit for provisional approval by the planning commission an outline development plan as an optional step in the application process for the purpose of obtaining assurance that the project is acceptable in principle before significant expense is incurred by the developer.

B.

If an outline development plan is submitted, a public hearing shall be required before the planning commission.

(Ord. 2027 (part), 2007: prior code § 150-135.3)

If an outline development plan is prepared, it shall include maps, drawn to approximate scale, and written statements described in this section. The information shall address enough of the area surrounding the proposed development to demonstrate its relationship to both existing and permissible adjoining uses.

A.

The maps, which are part of the outline plan, shall be drawn to scale and shall contain the following information when appropriate for the development proposed by the applicant:

1.

A general outline of the property, drawn to approximate scale, showing the boundaries of the area to be included in the planned district and all existing and proposed easements on the site;

2.

A comprehensive site plan or plans showing the proposed development concept in its entirety, including the approximate location and area of the following:

a.

The existing general topographic character of the land and natural features of the area,

b.

Existing and proposed land use or development areas and the amount of area devoted to each use,

c.

The approximate density, type and style of all proposed buildings and proposed building areas or lots,

d.

The approximate location of existing and proposed streets and/or thoroughfares,

e.

The approximate location and type of public uses, including schools, parks, playgrounds and other public open spaces,

f.

The approximate location of common open space and developed open space and proposed facilities in the developed open space suitable for the anticipated occupants of the development;

3.

A general landscaping concept plan showing areas to be retained in natural growth and areas of supplemental plantings.

B.

The application shall include written statements, which are a part of the outline development plan, which shall contain the following information, as appropriate for the type of development and the planned district:

1.

An explanation of the character and types of the planned development and the manner in which it has been planned to take advantage of regulations pertaining to the proposed planned district;

2.

A statement of proposed financing of the project and costs;

3.

A statement of ownership of all the land within the proposed development;

4.

A general indication of the expected schedule of development;

5.

A statement indicating the impact of the proposal on the surrounding area, including existing and future development.

(Ord. 2027 (part), 2007: prior code § 150-135.4)

A.

After review and approval by the planning commission, the applicant may request provisional approval by the city council at a public hearing of the development concept shown on the outline development plan to ascertain if the proposal is generally acceptable and if proposed modifications to city development standards or policies are generally acceptable to the council.

B.

Provisional approval of the outline development plan by either the planning commission or the city council shall constitute only concept approval and shall not indicate prior acceptance of any future preliminary development plan.

(Ord. 2027 (part), 2007: prior code § 150-135.5)

An application for a planned district with all documents required for a preliminary development plan, shall be submitted to the planning commission for review and approval and recommendation to the city council. Once an application has been received by the planning director:

A.

A public hearing shall be held by the planning commission on all preliminary development plans prior to any recommendation being referred to city council;

B.

If an outline development plan has been submitted and given provisional approval, the applicant shall file the preliminary development plan within twelve (12) months of approval. The planning commission may extend this period for filing for an additional twelve (12) months.

(Ord. 2027 (part), 2007: prior code § 150-135.6)

A preliminary development plan for the entire district shall be prepared to show all components of the proposed development and shall include the following information, where applicable, for the type of development proposed in addition to the information required by the development standards for the planned district being requested. The preliminary development plan shall include:

A.

A property survey of the site, prepared by a registered surveyor or engineer, showing the exact boundaries of the area to be included in the planned district. The survey shall include the location of all existing and proposed easements on the site;

B.

A comprehensive site plan, drawn to scale, on sheets twenty-four (24) by thirty-six (36) inches, showing the proposed development concept for the entire planned district after completion, including the approximate location of buildings or building areas and other improvements; existing and proposed streets; common and developed open space areas, including areas to be left in a natural state; any improvements proposed in the landscaped or developed open spaces; proposed stormwater management areas; the one hundred-year floodplain line, if applicable; and the Chesapeake Bay Critical Area boundary line, if applicable;

C.

A development standards plan prepared as either a separate plan or plans, which shall:

1.

Identify all land uses, bulk and dimensional standards for each type of development including accessory uses and structures proposed, building areas or envelopes, as may be related to the entire development and to each section or phase of the development,

2.

Show the location of the proposed rights-of-way for street systems, sewer and water rights-of-way, stormwater management areas, lot, partition or subdivision lines or other divisions of the site for management use or allocation purposes and any other proposed easements or dedications for public or private access or services,

3.

Show all locations and areas proposed to be conveyed, dedicated or reserved for perimeter setbacks and screening or landscaping; common ownership or use; public use; and, where applicable, shall also include environmental, open space and slope easements; critical area buffers; developed recreation areas; parks; playgrounds; school sites; public service buildings and other public or semipublic uses or facilities;

D.

A preliminary subdivision plat for the entire planned district in accordance with city subdivision regulations and any applicable development standards and other requirements;

E.

Elevation and perspective drawings of each type of proposed structure if required by the planning commission or the city council;

F.

Agreements, provisions or covenants governing the use, maintenance and continued protection of common and developed open space areas and any covenants pertaining to development of individual lots or parcels to be developed at a future date;

G.

A landscaping plan for the entire district generally consistent with the provisions of chapter 17.220, and the specific landscaping or screening requirements for the district proposed, showing natural areas to be retained, the location and type of plantings, as well as areas to be sown with grass, including the perimeter, common areas and other areas of supplemental plantings.

1.

Where individual lots or parcels are to be developed and approved at a later date, landscaping guidelines or covenants shall be approved for such lots or parcels as part of the landscaping plan for the entire district,

2.

Perimeter screening required by the development standards for the district or in sensitive areas as imposed by the planning commission or city council shall be shown on the landscaping plan for the entire district;

H.

A development schedule for the planned district indicating:

1.

The approximate date when construction of the project is expected to begin,

2.

The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin,

3.

The anticipated rate of development,

4.

The approximate dates when each stage in the development will be completed,

5.

The area, location and degree of development of common open space that will be provided at each stage;

I.

A preliminary construction improvements plan approved by the director of public works;

J.

The application for a preliminary development plan shall also contain a written statement generally describing the proposal, including enough information on the area surrounding the proposed development to show the relationship of the planned development to adjacent uses, both existing and permissible. The written statement shall also include:

1.

An explanation of the character of the planned development and the manner in which it has been planned to take advantage of the specific regulations pertaining to the type of development proposed,

2.

A statement of proposed financing of the project and the required public improvements necessary to serve the project,

3.

A statement of ownership of all land within the proposed development at the time of submission;

K.

Statement of Responsibility. The applicant shall submit a written statement agreeing to enter into a legal agreement with the city to develop the district as approved by the city council. In the event the district or any portion thereof is not developed solely by the applicant, a new statement outlining the responsibility of each party involved in development of the district or any portion thereof shall be submitted to the planning commission for review and recommendation to the city council for approval;

L.

If the planning commission or city council finds that the development may create special problems of traffic, parking, or economic feasibility, the following plans may be required:

1.

An off-street parking and unloading plan,

2.

A circulation diagram indicating proposed movement of vehicles, goods and pedestrians within the development, as well as to and from thoroughfares,

3.

A plan showing any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of the circulation pattern,

4.

An economic feasibility report or market study.

(Ord. 2027 (part), 2007: prior code § 150-135.7)

A.

The planning director shall refer the recommendations of the planning commission to the city council, and the council shall schedule a public hearing, give notice and provide an opportunity for all interested parties to be heard.

B.

In approving a change in the zoning classification for a planned district, the city council, as a part of its official action, and the planning commission, as a part of its review, shall:

1.

Determine its compliance with the intent of the planned districts proposed;

2.

Determine if the planned district meets the stated purposes of the district being proposed;

3.

Make findings of fact, which, as a minimum, shall include:

a.

Population change,

b.

Availability of public facilities,

c.

Present and future transportation patterns,

d.

Compatibility with existing and proposed development for the area,

e.

The city council shall consider the recommendation of the planning commission,

f.

The relationship of such proposed amendment to the jurisdiction's plan.

C.

After considering all plans and evidence presented, the city council shall then approve, disapprove or reapprove an ordinance establishing the planned district as shown on the preliminary development plan and may designate the plan or plans to be recorded in the Land Records of Wicomico County.

D.

Once the preliminary development plan has been approved, the district shall be designated on the official zoning map.

E.

The council may establish additional development controls within the ordinance or require said controls to be established as a part of the final development plan approval.

F.

An applicant may submit an amendment to an approved preliminary development plan which shall be considered in the same manner as the original application.

(Ord. 2027 (part), 2007: prior code § 150-135.8)

A.

Once a preliminary development plan has been submitted and approved by the city council, a final development plan may be submitted to the planning commission in stages.

B.

Within twelve (12) months following approval of the preliminary development plan by the city council, the applicant shall file a final development plan with the planning director containing, in final format the information required in the preliminary development plan. In its discretion, for good cause, the planning commission may extend for twelve (12) months the period for filing of the final development plan.

C.

An application for a final development plan for the entire district or a phase of the district shall include three copies of the following, with all final plans drawn to scale on sheets twenty-four (24) by thirty-six (36) inches in size:

1.

A final comprehensive site plan showing the details of the district as approved by the city council during the establishment of the district, which shall include all information required on the comprehensive site plan as a part of the preliminary development plan approval. Any phases submitted for final approval shall be clearly identified on the site plan;

2.

The development standards plan approved by the city council at the time the district was established with any phase submitted for final approval clearly defined thereon;

3.

A final subdivision plat for the entire planned development district or phase thereof in accordance with the city's subdivision regulations and all approved development standards and other requirements for the district;

4.

A landscaping plan for the entire district or any phase thereof in accordance with the provisions of chapter 17.220, showing all natural areas to be retained, the location and type of species of plantings, as well as areas to be sown with grass, including perimeter landscaping, common area landscaping and any other area of supplemental plantings;

5.

A final copy of any proposed homeowners' association document or a final copy of any other legal instrument required by the planning commission or city council for the management or control of facilities within the planned development district or any legal agreements thereto;

6.

Any other information which may have been required by the planning commission or city council during the approval of the establishment of the district.

D.

The final development plan shall be conditioned upon approval a revised preliminary subdivision plat for the entire district in accordance with the requirements of the city's subdivision regulations and any requirements established by the planning commission or city council during the approval of the preliminary development plan.

E.

An applicant may submit an application for amendment of the final development plan which shall be considered in the same manner as an original application.

F.

No building permit shall be issued until a final subdivision plat has been approved and recorded with any required covenants where applicable for either the entire district or any section or phase thereof.

(Ord. 2027 (part), 2007: prior code § 150-135.9)

The final development plan shall continue to control the planned district during construction and after it is completed. The following shall apply:

A.

The director of infrastructure and development, in issuing a building permit for any use or structures in the planned district, shall note the issuance of each permit by each planned district as established;

B.

After the building permit has been issued, the use of the land and the construction, modification or alteration of a building or structure within the planned development, where approved as part of the plan, shall be governed by the approved final development plan;

C.

No change shall be made in the development contrary to the approved final development plan without approval of an amendment to the plan, except that minor modifications of approved buildings or structures or minor lot line adjustments may be authorized by the planning commission if they are consistent with the purposes and intent of the final plan and do not increase the number of units or structures or change other specific development standards approved by the city council as a part of the preliminary development plan;

D.

An amendment to a completed development may be approved if it is required for the continued success of the development, if it is appropriate because of changes in conditions that have occurred since the final development plan was approved or because there have been changes in the development policy of the community as reflected by related land use regulations;

E.

No modification or amendment to a completed development is to be considered as a waiver of the original covenants limiting the use of the land, buildings, structures and improvements within the area of the development, and all rights to enforce these covenants against any change are expressly reserved unless approved by the city council.

(Ord. 2027 (part), 2007; Ord. No. 1784, 12-11-2000: prior code § 150-135.10)

(Ord. No. 2459, 10-9-2017)