This is an overlay district to primary residential zoning districts established for the following purposes: (a) to encouraging large-scale residential developments as a means of creating a superior living environment through unified planning and building operations; (b) to promote design flexibility; (c) to encourage innovations in the development and use of land; (d) to encourage variety in housing and well-located community facilities; and (e) to protect the natural beauty of the landscape through the preservation of and efficient use of open space. Density of development in this district will be taken from the base underlying primary residential district which density may be increased over that permitted in the underlying residential district subject to approval of an overall plan of development.

(Ord. of 12-11-00)

A planned residential development (PRD) district shall be established by amendment to the official zoning map in accordance with the provisions of article XVI and the site plan requirements of article X.

(Ord. of 12-11-00)

The intent of this chapter concerning a discontinued or failed project is as follows. Should a development project for which a planned residential development district was established be terminated or discontinued for any reason prior to the commencement of substantial construction pursuant to an approved site plan, or should there be no substantial progress made in constructing the project after two years following the establishment of the PRD district, the PRD plan approval shall be void. In addition, the zoning district that was established for the PRD may be repealed through a rezoning action, provided such rezoning is initiated by the owner, the town planning commission or the town council under procedures established in article XVI.

(Ord. of 12-11-00)

A planned residential development overlay district may be authorized within any residential zoning district subject to an acceptable plan of development presented with the rezoning application and development standards set out in this article or elsewhere in this chapter when referenced to this article.

(Ord. of 12-11-00)

Notwithstanding the uses permitted in the underlying primary zoning district(s) [as set out in article IV, Table 4.1], only the following uses may be established within a planned residential development:

(1)

Single-family detached dwellings.

(2)

Attached single-family dwellings such as townhouses, duplexes, quadruplexes when not exceeding 30 percent of all dwelling units within the PRD.

(3)

Recreational uses serving the residents of the PRD, including clubhouses, swimming pools, tennis courts, play fields, and similar types of recreational improvements.

(4)

Off-street parking in accordance with article XI of this chapter.

(5)

When accessory to residential uses of the PRD, accessory uses as defined in this chapter are permitted within the PRD, when located at least 50 feet from an adjacent (abutting) property line.

(Ord. of 12-11-00)

All special exception uses authorized within a PRD shall be shown on the PRD site plan which plan shall be approved prior to commencement of development. If circumstances warrant additional facilities within the PRD after site plan approval, such additional uses shall be subject to the same procedures and approvals as required for the initial approval. Special exception uses shall be secondary and supplementary to the primary development of the PRD and shall not stand alone without the primary development. All uses within a PRD shall comply with the off-street parking and loading requirements set forth in this chapter. The following uses and structures may be permitted as special exception uses in a "PRD" district, subject to any conditions indicated.

(1)

Family day care home as defined in chapter 99.1.

(2)

Utility service facilities such as pumping stations, electrical transformer stations and similar facilities necessary for rendering public utility services to the residents of the planned residential development are permitted within a PRD; provided, however, facilities designed to serve the larger community such as sewage or water treatment plants and the like are not permitted within a PRD.

(3)

Retail convenience store not exceeding 3,000 square feet of retail area within a PRD of not less than 100 dwelling units provided that (a) at least 50 percent of the planned dwellings are completed or presold; (b) no gasoline is sold from the premises; and (c) the building used for retail is designed to be consistent with the architectural style prevailing in the PRD.

(Ord. of 12-11-00)

Within the R1-40, R1-15 and R1-10 zoning districts, the density within a planned residential development may be increased above that which is otherwise permitted in the underlying zoning district as indicated below:

For projects of more than five and less than ten acres, 1.35 times.

For projects of ten acres or more, 1.50 times.

Notwithstanding the above, the density of areas used for townhouses or other attached single-family dwellings including their accessory parking and required open space shall not exceed eight dwelling units per acre.

Except for townhouse lots as set out elsewhere in this article, there is no minimum lot size required for individual dwelling units within a PRD. This flexibility is provided in order to encourage innovative site designs and to promote efficient use of land, a variety in housing choices, and preservation of open spaces and natural features.

(Ord. of 12-11-00)

For this provision, common open space is land within the boundaries of a planned residential development designated and used for the recreation and enjoyment of the PRD residents. Open space includes only that land that is usable, accessible and available to all occupants of dwelling units of the PRD for recreational purposes. Land that is unsuitable for residential development is not acceptable as open space in a PRD. All open space, including developed recreational space, shall be shown on the project development plan, which shall include a development schedule showing construction to be completed at an equivalent or greater rate than the construction of residential structures.

(1)

Required open space. Required open space shall be not less than the greater of the following:

a.

The aggregate amount of area resulting from reduction of lot sizes below the minimum area otherwise required; or

b.

Thirty percent of the total gross area of the PRD.

The required open space shall have no buildings except buildings or structures used exclusively as part of a community recreational facility. Neither shall the open space have any serious development limitations such as steep slopes (those exceeding 20 percent); public utility easements; storm water retention basins; wetlands or inundated areas; provided however, that up to 20 percent of the required open space may be set aside to protect endangered habitat areas, historic or archeological resources.

(2)

Developed recreational space. Developed recreational space is that portion of open space within the boundaries of the PRD which is improved for recreational purposes. Such improvements may include, but shall not be limited to, pedestrian ways, bicycle paths, playlots and playgrounds, tennis courts, and swimming areas. Developed recreational space shall occupy at least 30 percent of the required open space.

(Ord. of 12-11-00)

PRD master site plans shall be submitted and approved as part of establishment of the PRD district by the town council. More detailed site plans for individual phases of the development shall be submitted for review and approval administratively as required under article X. Such site plans shall also be reviewed for conformity with the preliminary plat requirements of the subdivision ordinance. It is the intent of this article that upon approval of a site plan for one or more phases of a PRD that site plan also serves as an approved preliminary subdivision plat under the subdivision ordinance.

(Ord. of 12-11-00)

(a)

Vehicular access and circulation. The proposed use and layout of all PRDs shall provide safe, convenient, and efficient vehicular and pedestrian movement throughout the site, with appropriate connections to existing roads, streets, walks, and community development. All external access and major circulation roads and internal streets serving development projects, whether public or private, shall conform to the construction and minimum width standards of the town. Streets serving the project shall extend continuously from an existing public street to the individual lots or common off-street parking areas located within and serving the project. The internal street network shall provide adequate connections to the existing or planned streets or roads at the boundaries of the property.

(b)

Pedestrian circulation. Sidewalks along public or private streets serving the project shall conform to the construction and minimum standards of the town. Other walks or paths shown on the site plan for safe, convenient, and essential pedestrian access shall be constructed of durable materials for ease of maintenance.

(c)

Water and sewer. All developable lots and dwelling units within a PRD shall be connected to the public water and sewerage systems of the town. Water and sewer mains constructed within the PRD shall be constructed and tested in conformance with the town's standards and requirements and easements shall be conveyed by the owner or owners of the PRD to the town for the location, construction, and maintenance of such water and sewer mains. Said easements shall be conveyed to the town prior to the hook-up of individual lots of dwelling units to the said water and sewer mains.

(d)

Refuse collections. Areas for the collection of garbage, trash and recyclables shall be shown on the site plan and provided pursuant to policies of the town.

(Ord. of 12-11-00; Ord. of 2-11-02)

If any feature of the PRD requires that a facility be dedicated to the town prior to the approval of any final site plan, the governing body shall require a contract with safeguards approved by the town attorney securing construction of public improvements and appropriate easements.

(Ord. of 12-11-00)

Unless changed through the same process used to establish a PRD district, all terms, conditions, safeguards and stipulations made at the time of the rezoning of a planned residential development including approval of a concept plan and site plan, with or without specified modifications, shall be binding upon the applicant or any successors in interest. Deviation from approved plans or failure to comply with any requirements, conditions, or safeguards shall constitute a violation of these zoning regulations.

(Ord. of 12-11-00)

Private streets are permitted in planned residential developments upon the approval of the town council, provided that their construction standards conform to the subdivision street standards of the town, and provided further that adequate provisions are made for the permanent maintenance of such private streets.

(Ord. of 12-11-00)

Within a PRD, all utilities, including telephone, television cable, and electrical systems, shall be installed underground. Appurtenances to these systems which require aboveground installations must be effectively screened.

(Ord. of 12-11-00)

(a)

General standards applicable to planned residential development districts.

(1)

Maximum height. The maximum height of any building or structure in a PRD district shall be the same as required in the primary zoning district in which the PRD is located.

(2)

Minimum size. The permitted minimum size of any planned residential development district shall be five contiguous acres.

(3)

Mixed residential use. Within a planned residential development, residential units may include a variety of residential types, attached or unattached or clustered to create common open space provided the overall densities are not exceeded as set out in this chapter.

(4)

Phase development. Large projects may be developed in phases. Open space requirements of each phase must be met concurrently with the development of such phase. Open space set aside for initial phases shall be restricted from any other use or development except that designated in the approved project plan, even if subsequent phases are not completed. A phasing plan for the overall project shall be included with the project master site plan.

(5)

Community facility sites. Sites within the PRD project plan that are planned to be used, for community facilities shall not be computed as part of the required open space unless the planned facilities are incorporated into the first phase of the development. Successive phases of development shall not be approved unless such facilities have been built or are substantially under construction at the time any successive phase is presented for approval.

(6)

Multiple parcels. Where several parcels of land in the same ownership or land in different ownership are shown on a preliminary site plan, adequate assurances including, if necessary, covenants running with the land and/or bonds sufficient to cover the cost of development shall be provided to assure that the public facilities shown will be developed.

(7)

Comprehensive plan. The PRD shall conform to the goals, objectives and policies of the adopted comprehensive plan.

(8)

Protection of natural features. The PRD shall utilize the available land efficiently and shall protect and preserve to the extent possible all scenic assets and natural features such as trees, streams and topographic features.

(9)

Protection of surrounding property. The PRD shall be designed to minimize injury to the use or value of existing surrounding property, and shall not hinder, deter, or impede the use or development of surrounding properties in accordance with the comprehensive plan.

(10)

Owners' names. The developer shall identify the name and residence of the individuals who are the owners of the development.

(b)

Townhouse development standards. Notwithstanding other regulations set out in this article or elsewhere in this chapter, when all or part of an overall development includes townhouse units, the following development standards shall apply:

(1)

Lot area. Each townhouse dwelling, together with its accessory buildings, shall be located on a lot having an area of not less than 1,520 square feet, and a front width of not less than 18 feet, except end units, which shall have a lot area of not less than 2,320 square feet and a width of not less than 28 feet.

(2)

Percentage of lot covered. All buildings, including accessory buildings, on any lot shall not cover more than 40 percent of the area of such lot. No accessory building except for a private garage on any lot shall cover more than 100 square feet.

(3)

Front yard. Each townhouse lot fronting on a public street shall have a front yard having a depth of not less than 30 feet from the property line or public right-of-way. Within a PRD where streets and parking areas under the jurisdiction of an "owners' association," the front yard may be reduced to 20 feet when fronting on a private street or to 15 feet when fronting on a parking area within a PRD.

(4)

Side yard. A side yard not less than ten feet in width shall be provided for each end residence in the building, except that corner side yards shall be not less than 25 feet.

(5)

Rear yard. Each lot shall have a rear yard no less than 25 feet in depth measured from the rear main building line.

(6)

Limitations of number of units. The total number of units in a group of attached townhouses shall not exceed eight.

(7)

Density. Density of development shall not exceed eight dwellings per gross acre. Gross acreage is defined as all land within the exterior boundaries of the tract on which the (townhouse) development is located, including private lots, private drives, parking areas, recreational areas, private streets under the control of the owners' association and other public or semipublic uses approved as part of the development plan.

(8)

Minimum acreage required. Each townhouse development shall have a minimum gross acreage of not less than one acre.

(9)

Parking. A minimum of two parking spaces per townhouse unit shall be provided. An enclosed garage designed and constructed integrally with a dwelling unit may be counted toward meeting this parking requirement. Other required spaces shall be located within a common parking area under control of the owners' association.

(Ord. of 12-11-00)

Except in such developments regulated by the Virginia Condominium Act, Code of Virginia, § 55-79.39 et seq., if common areas are provided that are not contained in lots or streets conveyed to individual owners, the following shall apply:

(1)

Owners' association. There shall be established a nonprofit owners' association, corporation, trust, or foundation of all individuals or corporations owning residential property within the planned residential developments to insure the maintenance of open spaces. Documentation shall be submitted describing how common ownership will be established; how it will be governed and administered; the arrangements for permanent care and maintenance; and the method of assessing individual property owners for their share of the cost of maintaining the common property. Such organization shall be established prior to the sale of any lots and be in a form acceptable by the town attorney. The documentation shall show how the common interest to be held by each parcel holder shall be determined and the method of determining how the majority control of the association will pass from the developer to resident owners as the project is built out.

(2)

Membership. The membership in the owners' organization shall be mandatory for all residential property owners, present or future, within the PRD and said organization shall not discriminate in its membership or shareholders.

(3)

Management. The organization shall manage all open spaces and recreational and cultural facilities; shall provide for the maintenance, administration, and operation of said land and improvements and any other land within the PRD; and shall secure adequate liability insurance on the land.

(4)

Common areas defined. The area or areas to be established in common ownership and their intended use or uses shall be shown on the plan of development of the project.

(5)

Approval required. No parcel within a PRD may be approved or sold until appropriate documents shall have been submitted with the plan of development and approved as to form by the town attorney.

(Ord. of 12-11-00)