(a)

Definitions. A tract of land of at least five acres in area, under single, corporate, firm, partnership, or association ownership, planned and developed as an integral unit, in a single development operation or a definitely programmed series of development operations, and according to an approved outlined development plan and a preliminary site plan, and which is a departure from the strict requirements relating to lot sizes, setback lines and yard spaces, but which does maintain zoning district density requirements. Only residential uses shall be allowed in a planned unit development.

(b)

Intent. Upon application and upon approval of detailed site, use, building and development plans, the town council may permit establishment of planned development in areas which are suitable with respect to location, size and physical character for development as units. Suitability of such tracts for the planned development proposed shall be determined primarily by reference to the goals and objectives of the land use plan, by the physical characteristics of the site, and by the nature of the surrounding development. The following shall apply:

(1)

Within planned unit developments, regulations adapted to such unified planning and development are intended to accomplish the purposes of zoning and other applicable regulations to the same degree as in districts in which regulations are intended to control development, on a lot-by-lot rather than a unified basis, and to promote economical and efficient land use, a higher level of amenities, appropriate and harmonious variety in physical development, creative design, and an improved living and working environment.

(2)

Planned unit development will only be considered in the multifamily zoning districts.

(c)

Relation of PUD regulations to general zoning, subdivision or other regulations. Where there are conflicts between the special PUD provisions of this article and general zoning, subdivision or other regulations or requirements, these special regulations shall apply in PUDs, unless the town council shall find in the particular case:

(1)

That these provisions do not serve public purposes to a degree at least equivalent to general zoning, subdivision or other regulations or requirements;

(2)

That actions, designs or solutions proposed by the applicant do not satisfy public purposes to at least an equivalent degree; or

(3)

It is specifically provided, however, that where dwelling unit density, floor area and similar ratios have been established by these regulations, the council shall not act in a particular case to alter these ratios.

Except as indicated above, the procedures and requirements set forth in this article and in guides and standards adopted as a part of these regulations for a particular planned unit development shall apply in the approved PUD and to issuance of any permits required.

(d)

Where permitted. Planned unit developments may hereafter be established where tracts suitable in location and character for the uses and structures proposed are to be planned and developed as units, according to the requirements and procedures set forth herein. PUDs shall be appropriately located with respect to intended functions, to the pattern and timing of development existing or proposed in the comprehensive plan, and to public and private facilities, existing or clearly to be available, by the time development reaches the state where they will be needed.

(e)

Procedures on PUD approval. Applications for PUD approval shall be submitted to the planning board. Material submitted with the application, or on request by the planning board or town council, shall include all plans, maps, studies and reports which may reasonably be required to make the determinations called for in the particular case, with sufficient copies for necessary referrals and records. More specifically, all of the following shall be required:

(1)

A map showing the proposed development in relation to its surrounding area and defining the relative size and location of streets, utilities, schools, and commercial facilities expected to serve the area.

(2)

A survey report covering soil condition, drainage, topography, location and character of surface water, flora and fauna, and other such information as may be required, to determine if the site is suitable for planned unit development without hazards to occupants or adjoining properties.

(3)

An overall preliminary development plan which shall show:

a.

Proposed major vehicular and pedestrian circulation systems;

b.

Proposed land uses including residential densities and nonresidential uses;

c.

Proposed plans and regulations for major reservations of land for parks, playgrounds, and other public uses or facilities;

d.

Relationship to existing land uses in the surrounding areas.

(4)

Common area, which is an area designated as such on the site development plan of a PUD, and on the subdivision plan as an area to be held in separate ownership for the use and benefit of residents occupying specified lots shown on such subdivision plan, provided that it meets the following requirements:

a.

It shall be conveniently accessible to all residents of the development.

b.

It shall be made available in its improved state, as set forth on the site development plan, in accordance with an approved time schedule.

c.

It shall be maintained in accordance with an approved maintenance plan specifying what such maintenance shall consist of, whose responsibility it shall be, and ensuring satisfactory execution of maintenance.

d.

Provisions to ensure its continuing availability shall be included in the deed to each parcel to be served by such common area.

e.

Such other information as may be required by the planning board or the council to determine the impact of the proposed development on the town.

(f)

Approval of site development plans. No building permit shall be issued in such development unless and until the planning board and town council shall have approved site development plans and reports for the development as a whole, or stages or portions thereof, deemed satisfactory in relation to total development. No structure or use other than as indicated in approved site development plans and reports shall be permitted. Approval of site development plans and reports shall be based on:

(1)

Compliance with regulations applying at the time the land was proposed for PUD, including applicable provisions of the subdivision regulations, unless conflicting with these regulations, and related capital improvement requirements of the town, as regards construction of physical improvements and bonding thereof, and such specific modifications as were made by the town council in the approved action; or

(2)

Compliance with regulations applying currently, at the option of the applicant. Upon approval of site development plans and reports, building permits shall be issued in the same manner as for building permits generally, provided that any requirements concerning the order or location in which building permits are to be issued in the particular development shall be observed. Except as provided in subsection (g) of this section, final plans and reports approved shall be binding on the applicant and any successors in interest so long as planned development status applies to the land.

(g)

Changes in approved site development plans. After review of the application by the planning board, the town council may permit changes when requested by the developer, but only on a finding that such changes are in accord with all regulations in effect at the time the site development plan or plat was approved, and in accord with the general interest and purpose of the comprehensive plan in effect at such time, provided that the applicant may elect to proceed in accord with the regulations and comprehensive plan currently in effect. Changes other than as indicated in this subsection shall be made only by a new PUD application.

(h)

Expiration of time limits on PUD. If actions required in the PUD are not taken within the time limits set, the planning board shall review the circumstances and recommend to the town council that:

(1)

PUD approval for the entire area be continued with revised time limits;

(2)

PUD approval to be continued for part of the area with revised time limits, and the remainder returned to conventional zoning control; or

(3)

PUD approval be removed from the entire project.

Such recommendations shall include proposals for appropriate action with respect to any legal instruments, dedications, contributions or guarantees in the case.

(Code 1988, § 11-9.01; Ord. No. 2024-08-01, art. III, pt. III, 8-6-2024)

All development plans for PUDs will proceed as provided by section 36-300, for processing special use permits, with additional steps as outlined below:

(1)

Preapplication conference (sketch plan proposal).

a.

On request by applicants, members of the planning board and the zoning administrator shall meet with applicants to review the original application, including the developer's report, if submitted, and the sketch plan of the proposed planned unit development. The purpose of such pre-hearing conferences shall be to assist in bringing the report, if submitted, and the sketch plan as nearly as possible into conformity with these or other land development regulations applying in the case, and to define special variations from application of the regulations, which would otherwise apply, which seem justified in view of equivalent services of the public purposes of such regulations.

b.

In the course of such pre-hearing conferences, any recommendation for changes shall be recorded, in writing, and shall become part of the record in the case.

1.

All such recommendations shall be supported by stated reasons for the proposal for change.

2.

Applicants may, in writing, indicate their agreement to such recommendations, or their disagreement.

3.

If there is disagreement, applicants shall, in writing, indicate their reasons therefor.

4.

Responses by applicants shall also be included in the record.

c.

Sketch plans may be drawn in such a manner as to minimize initial expense and encourage sufficient design flexibility to accommodate required changes, without undue hardship to the developer.

1.

All sketch plans submitted shall be drawn to appropriate scale.

2.

All sketch plans shall show the locations of all lots, streets, drives, off-street parking areas and other pertinent features, together with building locations, if appropriate.

(2)

Consideration and recommendation by the planning board.

a.

Following the preapplication conference, the planning board shall review the applications for planned unit development, including sketch plan and report, if submitted in lieu thereof, together with written or sketched changes left unresolved after the preapplication conference.

b.

The planning board, or its representative, when appropriate, shall seek the advice of the county health department, state department of transportation or other agencies as necessary, to accomplish a complete review of any development plans.

c.

Whenever the planning board determines that the characteristics of a proposed development should be modified to protect the occupants of such development, or the public interest, the board may recommend reasonable modifications in building location, driveway location or design, location of recreation areas or open spaces, lot sizes or other essential elements of any development plan.

(3)

Public hearing and approval by the town council as required.

a.

A public hearing shall be advertised and held before the town council for any planned unit development and associated detailed development plan proposed to be established in the general commercial zoning district.

b.

The town council may approve such application and detailed development plans in accord with PUD and general regulations; may include specific modifications of PUD and general regulations, as recommended by the planning board; may return the application to the planning board for further consideration of specific suggested changes; or may deny the application.

(Code 1988, § 11-9.02; Ord. No. 2011-04-01, art. III, pt. IX, 4-5-2011; Ord. No. 2022-08-01, art. III, pt. I, 8-2-2022; Ord. No. 2024-08-01, art. III, pt. III, 8-6-2024)

All planned unit developments shall conform to the following standards and requirements:

(1)

Minimum size of site. A planned unit development site shall not be less than five acres in size.

(2)

Maximum unit density.

a.

The maximum unit density in any PUD shall not exceed the density, per net acre, of the zoning district in which it is located.

b.

Net acreage is the total area proposed for the development minus any area used for roads, off-street parking and loading facilities, buffer areas, common recreation areas such as playgrounds, club houses, tennis courts, swimming pools or other buildings or facilities intended for the use of the residents of the project, and any watercourses or other water areas or areas unusable for recreation or development. All computations under this subsection shall be within .05 acres accuracy.

(3)

Number of buildings. More than one principal building may be permitted on a lot in a planned unit development, provided each principal building is designed and arranged to conform with a development plan approved by the planning board and the town council.

(4)

Minimum buffer required.

a.

No structure, parking area or other use, except open spaces for recreational or decorative purposes, shall be erected or established within a distance of 35 feet from any planned unit development project's exterior boundary line. Provided, such restriction shall not apply to any interior development line or "phase line," or to any exterior boundary line which abuts a nonresidential zoning district boundary line.

b.

A setback minimum of ten feet is required when a parcel used for residential purposes abuts a parcel with a nonresidential use in a residential area.

(5)

Off-street parking and loading facilities. All off-street parking and loading facilities established as a part of a planned unit development shall conform to the requirements and design standards established by this article.

(6)

Preservation of noteworthy features. In all planned unit developments, to the maximum degree reasonably practicable, efforts shall be made to preserve historic sites, scenic points, large trees and other desirable natural growths, watercourses and other water areas, and other features worthy of preservation, either as portions of public sites and open spaces, or in such other form as to provide amenity to the neighborhood.

a.

Large trees or other desirable natural growth, located in public or private rights-of-way or public or private easements, shall not be removed unless such removal is necessary for the installation of utilities or drainage structures or for other purposes in the public interest.

b.

Such removal may be prohibited if the amenity of adjacent property, or the amenity of the general neighborhood, is adversely affected.

(Code 1988, § 11-9.03)

Uses permitted, to be established in a special planned unit development, shall only be residential uses.

(Code 1988, § 11-9.04)