In accordance with 24 V.S.A. § 4417, the development review board may approve planned unit developments in all districts. The planning commission is empowered to vary certain provisions of these land use development regulations in accordance with 24 V.S.A. § 4417. Planned unit developments may be approved simultaneously with subdivision approval, provided that the purposes and requirements of this article are met in addition to those of the town subdivision regulations.

(Ord. No. O-2019-2, § 5.5(intro ¶), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

The purposes of planned unit developments are as follows:

(1)

To encourage compact, pedestrian-oriented development and redevelopment, and to promote a mix of residential uses or nonresidential uses, or both.

(2)

To implement the policies of the town plan.

(3)

To encourage any development in the countryside to be compatible with the use and character of surrounding rural lands.

(4)

To provide for flexibility in site and lot layout, building design, placement and clustering of buildings, use of open areas, provision of circulation facilities, including pedestrian facilities and parking, and related site and design considerations that will best achieve the goals of the area as articulated in the town plan and ordinance.

(5)

To provide for the conservation of open space features recognized as worthy of conservation in the town plan and ordinance, such as the preservation of agricultural land, forest land, trails, and other recreational resources, critical and sensitive natural areas, scenic resources and protection from natural hazards.

(6)

To provide for the efficient use of public facilities and infrastructure.

(7)

To encourage and preserve opportunities for energy-efficient development and redevelopment.

(Ord. No. O-2019-2, § 5.5, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

In addition to the standards set forth in the town subdivision regulations, the following shall apply to planned unit developments:

(1)

Uses allowed in a planned unit development are those uses allowed in the district in which the development is located.

(2)

The planned unit development shall include a clustered plan of development.

(3)

The planned unit development shall create public benefits that would not be evident if the parcel were developed in strict conformance with the lot and building requirements for the district in which the development is located.

(4)

The number of dwelling units allowed in the planned residential development shall not exceed 125 percent of the number which, in the development review board's judgment, could be developed on the parcel in conformance with the land use development regulations for the district in which the development is located.

(5)

In computing the number of dwelling units for purposes of subsection (4) of this section, land shall be excluded if the slope exceeds 25 percent if the land is underwater, if the land is classified as "wetland" per state regulations, and if it is otherwise undevelopable.

(Ord. No. O-2019-2, § 5.5, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

In addition to meeting submission requirements of the town subdivision regulations, the planned unit development application shall also include:

(1)

A site plan showing location, height, and spacing of buildings or building sites, open spaces, landscaping, off-street parking spaces, septic areas, wells, utilities, easements or rights-of-way, major land forms, fences, stone walls, historic features and other pertinent topographical and physical features, at a scale sufficient to permit study of the plan;

(2)

A sound proposal for the financing and membership of the management organization which will maintain and operate the property in common ownership such as community facilities, private roads or open spaces. This proposal shall clearly outline who will be legally responsible for such commonly owned property for as long as the development exists;

(3)

A statement setting forth the nature of all proposed modifications, changes or supplementation of existing land use development regulations;

(4)

If residential units are proposed, a calculation of the number of dwelling units to be constructed, together with a narrative outlining the methodology which was used in making the calculation.

(Ord. No. O-2019-2, § 5.5, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

In addition to conforming with all procedural requirements of the town subdivision regulations, the following procedures will be followed:

(1)

The development review board shall hold a public hearing to consider the proposed planned unit development. This public hearing may coincide with any public hearing required for subdivision approval.

(2)

In considering the maximum number of dwelling units to be allowed in a planned unit development, the planning commission may decide to disallow acreage which it considers undevelopable or acreage being developed for some other purpose.

(3)

If the proposed planned unit development creates property to be held in common ownership, such as community facilities or open spaces, the development review board, as a condition of approval, may establish such conditions on ownership, maintenance and financing of such property, as it deems necessary to ensure preservation of the property for its intended uses for as long as the property exists.

(4)

The development review board shall render its decision on the application at the same time that it renders a decision on final subdivision approval in accordance with the town subdivision regulations. In addition to the subdivision approval required on the plat, any modification of the land use development regulations approved under this article shall be specifically set forth in terms of standards and criteria for the design, bulk and spacing of buildings and the sizes of lots and open spaces which shall be required, and these shall be noted or appended.

(Ord. No. O-2019-2, § 5.5, 9-23-2019; Ord. No. 2022-2, 10-24-2022)