Slaughterville City Zoning Code
ARTICLE III
Planned Use Districts
§ 13-177 Purpose.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017, Ord. No. 55 §130; amended 9-19-2023 by Ord. No. 55]
A.
The primary purpose of using such districts shall always be to provide for and encourage flexibility in the design and development of structures, yards, circulation, subdivisions, and common areas in order to promote the most appropriate use of land, to facilitate the adequate, efficient and economical provisions of street and utilities, and to preserve the natural and scenic qualities of open lands. It is the intent of this section to encourage developments with a superior built environment brought through the unified development and to provide for the application of design ingenuity in such developments while protecting existing and future surrounding areas in achieving the goals of the comprehensive plan of the Town of Slaughterville.
B.
The planned unit development (herein referred to as a PUD), is a special zoning district category that provides an alternative approach to conventional land use controls. PUD regulations are designed to provide for small and large scale developments incorporating a single type or a variety of residential, commercial, industrial, institutional (as defined in this ordinance), or other related uses which are planned and developed as a unit. Such development may consist of individual lots and buildings, or it may consist of more than one lot and have common building sites. PUDs are subject to special review procedures, and once approved by the town board of trustees become a special zoning classification for the property it represents.
§ 13-178 Types of Planned Unit Developments (PUDs).
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017, Ord. No. 55 §131; amended 9-19-2023 by Ord. No. 55]
The types of PUDs authorized are the following:
§ 13-179 Planned Unit Developments (PUDs).
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017, Ord. No. 55 §132; amended 9-19-2023 by Ord. No. 55]
The town board of trustees, acting subsequent to review and recommendation by the planning and zoning commission, is hereby authorized to use the provisions of any of the planned districts, all as provided in this ordinance, subject to the conditions listed hereafter and as set forth in Title 11 O.S.§43-110, et seq. The owner and developer shall make written application and pay the appropriate fees and deposits set by resolution, to the town board of trustees, through the planning and zoning commission, for the use of a planned district.
§ 13-180 Permitted Uses.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017; amended 11-20-2018, Ord. No. 55 §133; amended 9-19-2023 by Ord. No. 55]
A.
In addition to zoning districts established elsewhere in this ordinance, a PUD zoning district is established and shall be designated on the zoning districts map, upon application of the landowner and approval by the town board of trustees. In order to increase creativity and flexibility in the development of areas suitable for a PUD, there are no specifically prescribed uses which are permitted within the boundaries of a PUD, with the exception of Institutional PUDs, which shall only be allowed under the conditions set forth in § 13-181D. The developer shall be responsible for the preparation of a list of permitted uses within the specific PUD requested.
B.
Reasonable accommodations shall be made to all parties with disabilities using any home or business that is in this district in accordance with all state and federal laws.
§ 13-181 Criteria for Planned Unit Development Design.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017; amended 11-20-2018; amended 7-21-2020 by Ord. No. 55 §134; amended 9-19-2023 by Ord. No. 55]
A.
R-3, Planned Residential Development District:
1.
Purpose. This planned district is intended to accommodate planned, unified developments with a minimum lot size as established by this ordinance for one home, incorporating either a single type or a variety of types of residential and related uses. Such developments may consist of individual lots or common building sites, but it is not the purpose of this district to allow different, incompatible uses or a greater dwelling unit density than would otherwise be allowed in the appropriate zoning district. Greater flexibility will be allowed and encouraged in the design of buildings, yards, courts and trafficways than would otherwise be possible through strict application of other district regulations; in addition, use of this district is intended to encourage a maximum choice of available residential units, a pattern of development suited to existing natural features and open spaces, a creative and more efficient approach to the use of the land, and a natural environment with a distinct character harmoniously related to surrounding development patterns.
2.
Design Standards. A PUD master plan shall be prepared by a civil engineer who is licensed in the State of Oklahoma
a)
The proposed PUD shall be designed to provide for the unified development of the area in accordance with the land uses and zoning districts adjacent to it and the spirit and purpose of the comprehensive plan.
b)
Density, land use, and intensity of use requirements shall be based on the PUD master plan and shall be reviewed carefully for conformance to the comprehensive plan, and consideration of the minimum lot requirements for residential property.
c)
Building code requirements shall not be reduced in the design of a PUD.
d)
Location and type of housing shall be established in a general pattern and shown on the PUD master plan map.
B.
C-2, Planned Commercial Districts:
1.
Purpose. This planned district is intended to encourage and facilitate the flexible design needs of major, planned shopping areas, developed as a unified grouping (in one or more buildings) of retail shops and stores. All retail shopping areas permitted under this district shall be developed or re-developed as a unit, with adequate off-street parking areas, safe ingress and egress, and appropriate landscaping and use of natural features to encourage a safe and attractive area for commercial activity which will not be disruptive of any adjacent or surrounding environment or neighbors.
2.
Design Standards. A PUD master plan shall be prepared by a civil engineer who is licensed in the State of Oklahoma.
a)
The proposed PUD shall be designed to provide for the unified development of the area in accordance with the land uses and zoning districts adjacent to it and the spirit and purpose of the comprehensive plan.
b)
Density, land use, and intensity of use requirements shall be based on the PUD Master Plan and shall be reviewed carefully for conformance to the comprehensive plan.
c)
Building code requirements shall not be reduced in the design of a PUD.
d)
Location and types of commercial sites shall be established in a general pattern and shown on the PUD master plan map.
e)
Adequate sight screening shall be maintained to diminish the nuisance of lighting, traffic, or other concerns that could affect the neighboring property.
C.
I-2, Planned Industrial Districts.
1.
Purpose. This planned district is intended to encourage and facilitate the flexible design needs of major, planned industrial park areas, developed as a unified grouping (in one or more buildings) of industrial and compatible commercial facilities. All industrial areas permitted under this district shall be developed or re-developed as a unit, with adequate safety features to guard against nuisance, adequate off-street parking areas, safe ingress and egress, with appropriate landscaping and screening, and use of natural features to encourage a safe and attractive area for industrial activity which will minimize disruption of any adjacent or surrounding environment or neighbors.
2.
Design Standards. A PUD master plan shall be prepared by a civil engineer who is licensed in the State of Oklahoma.
a)
The proposed PUD shall be designed to provide for the unified development of the area in accordance with the land uses and zoning districts adjacent to it and the spirit and purpose of the comprehensive plan.
b)
Density, land use, and intensity of use requirements shall be based on the PUD master plan and shall be reviewed carefully for conformance to the comprehensive plan.
c)
Building code requirements shall not be reduced in the design of a PUD.
d)
Location and type of industrial sites shall be established in a general pattern and shown on the PUD master plan map.
e)
Adequate sight screening shall be maintained to diminish the nuisance of lighting, traffic, or other concerns that could affect the neighboring property.
D.
IN-1, Institutional Planned Unit Developments.
1.
Purpose. This planned district is intended to encourage and facilitate the flexible design needs of all correctional facilities and other like facilities. All areas permitted under this district shall be developed or re-developed as a unit, with adequate safety features to guard against nuisance, adequate off-street parking areas, safe ingress and egress, with appropriate landscaping and screening, and use of natural features to encourage a safe and attractive area for the activity which will minimize disruption of any adjacent or surrounding environment or neighbors.
2.
Design Standards. A PUD master plan shall be prepared by a civil engineer who is licensed in the State of Oklahoma.
a)
The proposed PUD shall be designed to provide for the unified development of the area in accordance with the land uses and zoning districts adjacent to it and the spirit and purpose of the comprehensive plan.
b)
Density, land use, and intensity of use requirements shall be based on the PUD master plan and shall be reviewed carefully for conformance to the comprehensive plan.
c)
Building code requirements shall not be reduced in the design of a PUD.
d)
Location and type of Institutional Planned Unit Developments (PUD) shall be consistent with the following:
1)
No Institutional PUD shall be allowed to locate within 2,640 feet radius of any church, public or private school, day care facility, public park, private park, adult entertainment use or area zoned for residential purposes; provided however, that a lesser distance may be allowed if written consent is received from 75% of the property owners within 2,640 feet radius of the proposed site.
2)
All distances required to be met pursuant to the terms of this section shall begin at the property line of the proposed use and are measured to the nearest property line of the public or private lot, school, park, church, day care facility, residentially zoned lot, or adult entertainment use within the prescribed distance, if any.
3)
Non-Conforming Uses. Any business in existence as of the effective date of this ordinance which is in violation hereof shall be deemed a non-conforming use. Such nonconforming use shall not in any manner be enlarged, extended, altered or rebuilt except that such uses may be changed so as to comply with the provisions of this ordinance.
4)
Such uses as are deemed non-conforming uses pursuant to the terms of this ordinance shall be permitted to continue for two years after the adoption of this ordinance, unless such use is terminated for any reason whatsoever prior thereto for a period of 30 days or more, thereafter such non-conforming use shall terminate or come into compliance with the terms of this section.
5)
Adequate sight screening shall be maintained to diminish the nuisance of lighting, traffic, or other concerns that could affect the neighboring property.
E.
M-1, Planned Mixed Use Development District.
1.
Purpose. This planned district is intended to accommodate combined uses, such as residential, shopping and offices. The district is intended to have planned, unified developments with diversity for the combination of mixed uses being requested. The district should incorporate either a single type or a variety of types of residential/commercial and other related uses. Such developments may consist of individual lots or common building sites. Greater flexibility will be allowed and encouraged in the design of buildings, yards, courts and trafficways than would otherwise be possible through strict application of other district regulations; in addition, use of this district is intended to encourage a maximum choice of available mixed use development, including a pattern of development and diversity suited to existing natural features and open spaces, a creative and more efficient approach to the use of the land, and a natural environment with a distinct character harmoniously related to surrounding development pattern. The overall idea is to allow residents to walk to businesses for work, pleasure, shopping and service needs.
2.
Design Standards. A PUD master plan shall be prepared by a civil engineer who is licensed in the State of Oklahoma.
a)
The proposed PUD shall be designed to provide for the unified development of the area in accordance with the land uses and zoning districts adjacent to it and the spirit and purpose of the comprehensive plan.
b)
Master plan and shall be reviewed carefully for conformance to the comprehensive plan, and consideration of the minimum lot requirements for proposed multi-family residential/commercial property.
c)
Building code requirements shall not be reduced in the design of a PUD.
d)
Location and the type of mixed use shall be established in a general pattern and shown on the PUD master plan map.
§ 13-182 Deposit Requirements and Fees.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017, Ord. No. 55 §135; amended 9-19-2023 by Ord. No. 55]
All PUD applicants shall, in conjunction with their initial application, deposit a PUD permit deposit and filing fee with the town treasurer which is to be held in a special account and earmarked for each specific PUD application. Out of the deposit will be paid all the direct and indirect fees and costs incurred by the Town of Slaughterville in administering, regulating, and enforcing this ordinance, including all costs associated with litigation and attorney fees, as to that PUD for which the permit was issued. If the costs to Slaughterville in administering, regulating, and enforcing the ordinance exceed the amount of the deposit, then the permittee must pay into said account an amount equal to the original deposit or the incurred costs, whichever is greater.
A.
All fees and costs including but not limited to administration, technical, accounting, legal, inspections, publications and all other costs, which may from time to time be required, shall be billed or directly debited to the account of each specific permittee.
B.
Following the completion of the PUD including final inspections, issuance of permit and approval by the town board of trustees, any remaining balance of said account shall be returned to the permittee as provided in this section. However, in the event the permittee owes any fees whatsoever on any of the permittee's PUD locations, or other applications where fees are owed to the town, whether permitted or otherwise, the Town of Slaughterville shall not deliver the remaining balance owed to the permittee until such time as all assessments owed by the permittee are paid in full.
C.
In the event the permittee fails to pay all assessments due on all PUD locations within 90 days, then the Town of Slaughterville may offset the amounts owed to permittee by the amount owed to the town and refund the difference, if any, to the permittee. Before the town offsets the amounts due, the town shall:
1.
Notify the permittee in writing the amounts owed and a description of the costs.
2.
Notify the permittee in writing that the town will offset the amounts owed to the town by the amount owed to the permittee unless the permittee appeals to the town board within 30 days from the date of the letter.
3.
Notify the permittee that they may appeal the offset to the town board, wherein the permittee can object and present evidence to the board in opposition of the offset.
D.
Upon permittee's request, said permit accounts shall be open to audit at any reasonable time during Slaughterville's regular business hours.
E.
Permittee shall be sent a copy of all invoices or statements if any, of directly billed administration, regulation or legal costs by whomever such work is performed or completed upon request. All such invoices or statements shall be itemized on a time basis, if billing is done on a time basis.
F.
Any earned interest on returned deposits shall be paid to the permittee.
G.
If the permittee objects to the reasonableness of any or all items in a billing or claim, the permittee may protest to the town board of trustees within 30 days from review of the account ledger.
1.
During said period of protest, the permittee may submit to arbitration the issue of whether the amount of said bill or claim is reasonable. The permittee shall pay the arbitrator's fees in all cases. The parties to such arbitration will be the permittee and the person or organization presenting the bill or claim.
2.
The arbitrator's decision shall be presented to the board of trustees for the town at the next regularly scheduled board meeting for said board's consideration as to whether or not said billing or claim or any amount thereof is reasonable. Only the arbitrator's decision shall be considered by the board at this town meeting. The board shall decide which party is responsible for the bill.
3.
If the parties to arbitration cannot agree on an arbitrator, the method of appointment set forth in 12 O.S. §1851 et seq. shall be used.
§ 13-183 PUD Application and Review Procedures.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017; amended 7-21-2020, Ord. No. 55 §136; amended 9-19-2023 by Ord. No. 55]
A.
The developer of a PUD shall follow a six-step application and review procedure:
1.
A pre-application plan will be submitted with the permit deposit and filing fee, which shall be set by resolution, for the costs that may be incurred on behalf of the town for appropriate review and professional assistance on the PUDs compliance with the town's goals and land use objectives.
2.
Conceptual review.
3.
Physical on-site review of the land and design review report.
4.
Formal application for rezoning, submission of PUD master plan, including a PUD master plan map and a design statement, and the preliminary plat;
5.
Final plat; and
6.
Application(s) for zoning compliance permit.
B.
Each required step shall be completed and approved before the following step is reviewed. The planning and zoning commission and town board of trustees may review more than one step at the same public hearing, at their discretion.
C.
Public hearing.
1.
Public hearing(s) shall be held on the conceptual review, the application for rezoning and the PUD master plan in accordance with the regular procedures for zoning applications established by these regulations.
2.
Public hearing(s) on required plats shall be held in accordance with regular procedures established by the subdivision regulations set forth in § 13-101 et seq.
3.
Any public hearing may be continued to another date, if necessary.
D.
PUD pre-application and review:
1.
Pre-application conference and submission of pre-application plan. Before submitting an application for any PUD, the landowner(s), or attorney in fact, shall confer with the town administrator in order to become familiar with the PUD review process. The staff will advise the applicant of any perceived potential problems that are anticipated. A further purpose of the pre-application conference is to make sure that the applicant has, or will be able to submit, all the necessary information for filing the application. The intent of the conference is to provide guidance to the applicant prior to incurring substantial expense in the preparation of detailed plans, survey and other data that is required in a preliminary development plan. The applicant shall submit a site plan and such other narrative or graphic information the applicant deems pertinent to the town’s initial review and evaluation of the potential of the proposed PUD.
2.
The permit deposit and filing fee will be established prior to the submission of the pre-application plan so that the deposit can be submitted with the plan.
3.
The pre-application plan shall include the following:
a)
A sketch of the proposed site, in accordance with the subdivision regulations set forth in § 13-401 et seq.;
b)
Existing zoning of the area and the zoning of all properties which adjoin the proposed site;
c)
A general plan of development at a level of detail sufficient to indicate to the town the nature and scope of the project as to its magnitude in terms of approximate number and types of units, location, and the extent of all elements of the PUD, proposed locations of the major open space area, and proposed flow of traffic and pedestrian;
d)
Proposed treatment of the perimeter of the PUD; and
e)
A listing of all uses proposed for the PUD and their square footage in relation to the development as a whole. Each use shall be sufficiently described as to its nature, the amount of activity involved, type of product involved (if any), storage requirements, anticipated employment, transportation requirements (if any), the amount of noise, odor, fumes, dust, toxic material or vibration likely to be generated and the general requirements for public utilities, and any other information which would be useful to the planning and zoning commission's review of the pre-application plan.
4.
Conceptual Review. This review allows the developer to present the proposal to the planning and zoning commission in a public hearing setting. The input gained at this meeting may prove invaluable to the developer, especially in instances where mitigation is necessary to satisfy concerns of the abutting property owners.
5.
Physical On-Site Review. This process involves the code enforcement officer/inspector, any member of the planning and zoning commission, if they so desire, as well as any town officials or professionals who are necessary to design concept and the impact of the same at the proposed site.
6.
Formal application for PUD: After receiving written comments from the town administrator following the pre-application process and conceptual review, the applicant may proceed in preparing a formal application for a PUD. The application shall be in writing, shall be verified for accuracy by both the owner of the land and the developer. The appropriate fee must be paid prior to submission of the application and the application shall consist of a PUD master plan, the preliminary plat and rezoning application. All three elements must be submitted in entirety before a formal review can be conducted.
E.
PUD Master Plan. The PUD master plan shall consist of a written design statement and the PUD master plan map.
1.
Written design statement shall consist of the following:
a)
Title of the proposed PUD;
b)
Name, address and telephone numbers of all the property owner(s), and all developers, engineers, architects and landscape architects who will be responsible for the various phases of the PUD;
c)
Statement describing the general character of the development and the rationale used in determining the design and layout;
d)
Justification of how this design and layout will enhance and blend in with surrounding properties in the neighborhood;
e)
A development schedule indicating approximate dates of construction and completion of all phases of the PUD and any intentions of sales, leasing, or occupying portions of the PUD prior to completion of the entire project, if applicable;
f)
A description of the PUD concept, including an acreage or square foot break down of land use areas and densities proposed, a general description of structure sizes and building use types, proposed restrictions, and typical site layouts; the listing of uses submitted as part of the pre-application plan will be expanded upon here to ensure that such uses support the PUD concept;
g)
A list of all special development regulations which will be applicable plus a list of required variations to the federal or state regulations, statutes, or ordinances of the town;
h)
A statement on the existing and proposed streets, including right-of-way standards and street design concepts, as well as a plan for the upkeep and maintenance of the same;
i)
The following physical characteristics of the proposed site: elevation, slope analysis, soil characteristics, tree cover, and drainage information;
j)
A statement of utilities and the proposed installation of the same;
k)
A statement specifying who will be responsible for the costs associated with future maintenance of the perimeter of the property and the area used for private and common open spaces, public parks, recreational areas, and similar public and semi-public use indicated on the PUD master plan map;
l)
A description of the proposed sequence of development; and
m)
Where a new use or unlisted use shall develop, from that stated in the original application, an amendment to the application shall be submitted which shall contain a statement of facts listing the nature of the use, the amount of activity involved, type of product involved (if any), storage requirements, anticipated employment, transportation requirements (if any), the amount of noise, odor, fumes, dust, toxic material or vibration likely to be generated and the general requirements for public utilities, and any other information which the planning and zoning commission and/or the board of trustees determines is necessary to make an appropriate decision.
2.
The master plan map shall consist of the following:
a)
Submitted on one or more sheets not to exceed 24 inches by 36 inches, including a small scale vicinity map; drawn to scale with the scale indicated on the map and directionally oriented, such scale to be as large as possible in order to indicate as much detail as possible;
b)
Proposed lot lines;
c)
Existing and proposed road circulation system of all streets, driveways, parking areas, service areas, loading areas, and major points of access to public rights of way (ingress and egress);
d)
Existing and proposed pedestrian circulation systems;
e)
Proposed treatment of the perimeter of the property, including materials and techniques used such as screens, fences and walls, as well as description of uses, setbacks, and the relationship to surrounding uses;
f)
General schematic landscape plan of the area used for private and common open spaces and a proposal for the financial considerations regarding maintaining the areas;
g)
Location and size of all areas which are proposed to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites and similar public and semi-public use;
h)
Location, dimensions, nature of all existing and proposed easements and public improvements;
i)
General location of structures, indicating any existing historic sites as well as natural features of the property, including water courses, floodplains, unique nature features and vegetation;
j)
A topographic map with minimum five-foot contour intervals;
k)
Drainage information, including the number of acres in the drainage-area and delineation of applicable flood levels;
l)
Existing PUD or other zoning districts in the development area and surrounding it, with pictures of the same;
m)
A legal description of the total site proposed for development;
n)
Parcel size;
o)
Types and number of permitted uses and floor area of each category of use;
p)
Proposed building coverage; and
q)
Total acreage of common open space by type.
3.
Rezoning Application. An application for rezoning to the PUD district shall be made in accordance with § 13-114.
4.
Design review process.
a)
Upon receipt of the formal application and verification of payment of the permit deposit and filing fee deposit, the town administrator shall transmit the application and all supporting material to the appropriate regulatory agencies, officials, school officials, adjoining cities, towns, or regional areas, which may be affected or impacted by the PUD. Each such agency shall submit a written report of their findings, comments and recommendations to the town administrator. Upon receipt of all of the recommendations, the town administrator shall submit the reports, the rezoning application, as well as the PUD master plan application with all supporting documents to the planning and zoning commission.
b)
A design review report shall be made by the building inspector, or other appropriate designated person. The design review report shall advise the applicant whether or not significant changes or modifications should be made to the PUD master plan application prior to the proposal’s consideration by the planning and zoning commission without modification. The process shall conform to the plat review process in the subdivision regulations, set forth in § 13-401 et seq. Any documents submitted may be reviewed concurrently by the planning and zoning commission.
5.
Design approval.
a)
Upon final approval of the town board of trustees of the PUD master plan and the appropriate re-zoning ordinance, these elements shall become a part of the official zoning districts map. The ordinance of rezoning shall adopt the PUD master plan by reference, and it shall be attached to the said ordinance and become a part of the official records of the Town of Slaughterville.
b)
The PUD master plan shall control the use and development of the property, and all zoning compliance permits and development requests shall be in accordance with the said plan until it is otherwise amended by the town board of trustees. The developer shall furnish a reproducible copy of the approved master plan map for signature of the chairman of the planning and zoning commission, the mayor, and acknowledgement by the town clerk. The PUD master plan, including the signed map and all supporting data, shall be made a part of the permanent file and maintained by the town clerk.
6.
Final Plat. Where a preliminary plat has been required, the developer shall prepare a final plat for review, approval and filing of record according to the procedures established in the subdivision regulations, set forth in § 13-401 et seq. In addition to these procedures, the final plat shall include:
a)
Provisions for the ownership and maintenance of common open space. Said open space may be dedicated to a private association.
b)
Satisfactory arrangements will be specified for improving, operating, and maintaining common facilities, including private streets, drives, service and parking areas, and recreational areas. A ‘homeowners’ or ‘property owners’ association shall be created in accordance with town ordinances, to oversee this requirement within the PUD. A listing of the association's officers and contact numbers shall be provided to the town clerk and updated by the association when changes occur.
c)
Covenants shall be submitted, in accordance with town ordinances, to reasonably ensure the continued compliance with the approved PUD master plan. In order that the public interest may be protected, the Town of Slaughterville shall be made a beneficiary of the covenants pertaining to such matters as location of uses, height of structures, setbacks, screening, maintenance of common facilities, and access. Such covenants shall provide that the Town of Slaughterville may enforce compliance therewith at no cost to the town. If the town enforces compliance, then the town shall be reimbursed by the offending party, which amounts owed shall be a lien on the subject real estate until paid.
7.
Administrative approval of minor amendments.
a)
The town administrator shall be permitted to approve minor amendments and adjustments to the PUD master plan provided the following conditions are satisfied:
1)
The project boundaries are not altered;
2)
Uses other than those specifically approved in the PUD master plan are not added. Uses may be deleted but not to the extent that the character of project is substantially altered;
3)
The allocation of land to particular uses or the relationships of uses within the project are not substantially altered;
4)
The density of housing is increased no more than 10% or decreased by no more than 10%;
5)
The land area allocated to non-residential uses is not increased or decreased by more than 10%;
6)
Floor area, if prescribed, is not increased or decreased by more than 25%;
7)
Floor area ratios, if prescribed, are not increased;
8)
Open space ratios, if prescribed, are not decreased;
9)
Height restrictions, yard requirements, lot coverage restrictions and other area, height and bulk requirements prescribed in the PUD master plan are not substantially altered;
10)
The location or design of minor streets, cul-de-sacs, alleys, or facilities is not substantially altered in design, configuration, or location;
11)
The phasing plan or the development schedule is not substantially altered; and
12)
The design and location of access points to the project are not substantially altered in design and no reduction in capacity results.
b)
The town administrator shall determine if proposed amendments to an approved PUD Master Plan satisfy the above criteria. If the town administrator finds that these criteria are not satisfied, an amended PUD master plan shall be submitted for full review and approval according to the procedures set forth in these regulations, including new public notification.
c)
All other changes must be made under the procedures that are applicable for the initial approval of a PUD application. The burden is on the applicant to demonstrate good cause for any variation between the pre-application plan previously approved and the PUD master plan and/or final plat submitted for approval.
§ 13-184 Revocation of a PUD.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017, Ord. No. 55 §137; amended 9-19-2023 by Ord. No. 55]
A.
Causes of Revocation. The planning and zoning commission shall recommend to the town board of trustees that any previous PUD approval be revoked, and all zoning compliance permits be voided under the following circumstances:
1.
If construction is not commenced within six months from the date of the adoption of the re-zoning ordinance, except where an extension has been approved and granted by the town board of trustees.
2.
If the applicant does not adhere to the phased development schedule as approved by the town.
3.
If the property owner determines to abandon the PUD concept and nullify the PUD master plan, the property owner shall make application for re-zoning either to the original status or to a new classification. Said application shall be heard according to the regular procedures for rezoning as provided in this ordinance.
B.
Procedures:
1.
Extension. In those cases where a pre-application plan has been submitted but the applicant is seeking an extension of time to finish the project, an application shall be made to the planning and zoning commission requesting such extension. After their review, the item shall be forwarded to the town board of trustees with a recommendation that an extension be granted, amended or that the PUD be revoked. The town board of trustees shall consider the recommendation and either grant the requested extension or amendment or revoke the ordinance granting the rezoning of the property and approving the PUD master plan.
2.
Revocation. In those cases where the project has not been completed and an application for an extension has not been submitted, the town shall cause notice to be mailed, by certified mail, to the applicant and the landowner(s) or their attorney in fact, notifying them of the alleged default and setting a time at which they shall appear before the planning and zoning commission to show cause why steps should not be taken to totally or partially revoke their PUD. The planning and zoning commission’s recommendation shall be forwarded to the town board of trustees for disposition, as in original approvals.
3.
In the event any PUD is revoked by the town board of trustees because any of the above defaults have occurred, no further development may occur. A new application shall be submitted including payment of the appropriate fees and deposits, and the PUD approval process will be re-started. If a permit deposit and filing fee account already exists for the revoked PUD, a new account will be opened to ensure that costs associated with the revoked PUD are paid for before the new PUD is approved.
4.
In the event of a revocation, any completed phases or portions of phases of the development, including those portions for which zoning compliance permits have been issued, shall be treated to be whole and effective for the PUD. Uncompleted phases and portions of phases shall be disallowed until approved by a new PUD approval process. All other mandated provisions of the original PUD remain, including the establishment of a homeowners' or property owner's association and fulfillment of maintenance requirements.