An applicant may submit an application for a planned unit development (PUD) in any land use district in the town. This article applies to planned unit developments.

(Res. No. 168, § 16.60.010, 3-26-2001; Ord. No. 154, § 5, 1-8-2015)

A planned unit development is a land use planning procedure by which the town may permit a variety in type, design, and arrangement of structures and enable the coordination of a project's characteristics with the features of a particular site. A PUD allows for innovation and special features in site development. PUD regulations allow greater site development flexibility than the conventional zoning and subdivision regulations provide. A PUD:

(1)

Provides flexibility in architectural design, arrangement and clustering of buildings, the use of open space, the provision of transportation facilities and parking and other site and design considerations;

(2)

Encourages the conservation of natural resources and natural features;

(3)

Provides for efficient use of public services and infrastructure;

(4)

Promotes attractive and functional business environments in nonresidential land use districts;

(5)

Promotes attractive and safe living environments in residential land use districts;

(6)

Ensures that new development will maintain and enhance the identity and historical development patterns of the town, and preserve historic resources where feasible; and

(7)

Minimizes adverse environmental impacts of new development and protects special urban and natural features.

(Res. No. 168, § 16.60.020, 3-26-2001; Ord. of 1-8-2007(2), § 16.60.020; Ord. No. 154, § 5, 1-8-2015)

In no case may a planned unit development include uses that are not permitted outright, with limitations or as a conditional use in the land use district of the subject property, however there is no restriction with regard to housing types. Density limitations and dimensional requirements may be modified as specified in this article.

(Res. No. 168, § 16.60.030, 3-26-2001; Ord. No. 154, § 5, 1-8-2015)

There is no minimum or maximum size limitation of the PUD site. The entire proposed development must be within the town limits.

(Res. No. 168, § 16.60.040, 3-26-2001; Ord. of 1-8-2007(2), § 16.60.040; Ord. No. 154, § 5, 1-8-2015)

There are no required minimum lot sizes within a PUD.

(Res. No. 168, § 16.60.050, 3-26-2001; Ord. No. 154, § 5, 1-8-2015)

In a residential land use district, at least 40 percent of the gross land area of the PUD must be permanently retained or developed as open space and/or common areas.

(1)

The primary intent of all open space shall be to preserve and incorporate features of importance such as:

a.

Historical features and structures;

b.

Areas of aesthetic value; and/or

c.

The incorporation of non-buildable areas as a part of the overall development.

(2)

Open space may consist of:

a.

Any undeveloped area open to the public; and/or

b.

Common area.

(Res. No. 168, § 16.60.060, 3-26-2001; Ord. of 1-8-2007(2), § 16.60.060; Ord. No. 154, § 5, 1-8-2015)

Parking requirements of the underlying land use district apply. Common parking and driveway areas must be set back at least 20 feet from the boundary of the PUD in residential land use districts and where a nonresidential land use in the PUD abuts a residential land use.

(Res. No. 168, § 16.60.070, 3-26-2001; Ord. No. 154, § 5, 1-8-2015)

(a)

It is the responsibility of the applicant to provide infrastructure, such as streets, water supply, sanitary sewers, power, telephone, etc. The services must be provided at no cost to the public.

(b)

Infrastructure shall be constructed to town and state department of environmental quality standards, and shall be certified as such by the town engineer.

(c)

Infrastructure must be placed underground except that which, by its nature, must be on or above ground, such as streets, street lights and fire hydrants.

(d)

Infrastructure shall be constructed to town standards, and shall be certified as such by a licensed engineer.

(e)

Infrastructure needed to service properties outside the PUD must be extended to the lot lines of the PUD.

(f)

Easements are required for all public infrastructure located on private property and shall be 15 feet in width or greater to provide reasonable access for needed construction, operation, maintenance and repair.

(g)

Pedestrian circulation systems must be provided to ensure non-motorized access to schools, parks and adjacent public rights-of-way.

(h)

The proposed development must include adequate measures to mitigate adverse environmental effects, including noise and glare, on the site and on surrounding properties.

(i)

A landscaping and open space or common area plan with indication of maintenance program and guarantee of continual compliance must be provided.

(Res. No. 168, § 16.60.080, 3-26-2001; Ord. of 1-8-2007(2), § 16.60.080; Ord. No. 154, § 5, 1-8-2015)

(a)

Density.

(1)

If the PUD is located in more than one residential land use district, the total allowed number of units is calculated by adding the number of units allowed in each district. However, the units may be placed within the PUD without regard to the district boundaries.

(2)

The applicant may request a bonus in the number of dwelling units per acre by up to 20 percent above that allowed by the underlying land use district, based on the gross land area of the project, provided that the superior design of the development offsets the potential adverse impacts of the increase in density on the surrounding area.

(b)

Height. The applicant may request a modification of building height restrictions, provided that the proposed arrangement of structures does not unreasonably impair the sun exposure or views from the adjacent properties as compared to a lot-by-lot development pattern. Required with this request is a drawing showing significant views and vistas from the proposed site, and those from adjacent properties that may be blocked or impaired by the proposed height restrictions.

(c)

Other dimensional requirements. The applicant may request a modification of any dimensional requirement if the resulting site development plan complies with the decision criteria for PUD.

(Res. No. 168, § 16.60.090, 3-26-2001; Ord. of 1-8-2007(2), § 16.60.090; Ord. No. 154, § 5, 1-8-2015)

(a)

Preliminary plan approval is valid for three years, unless the applicant has received an extension from the town council. The three-year period begins after any appeals are completed. Within the three-year period, the applicant must submit a final development plan to the building official for the entire site, or for the first phase if the PUD has been approved for phased development. The applicant must submit final development plans for any subsequent phases within the time frame established for each of the phases. If the time limitation expires, the applicant must resubmit for review the entire proposal or any of its phases.

(b)

An extension may be granted for a period not to exceed one year, if:

(1)

Unforeseen circumstances or conditions arise that necessitate an extension;

(2)

Termination of the preliminary plan would result in an unreasonable hardship to the applicant and the applicant is not responsible for the delay;

(3)

An extension will not cause a substantial detriment to existing surrounding uses, or to the community as a whole; and

(4)

Conditions in the immediate vicinity of the subject property have not changed substantially since the preliminary plan was approved.

(Res. No. 168, § 16.60.100, 3-26-2001; Ord. No. 154, § 5, 1-8-2015)

A PUD is reviewed in a three-step process: a conceptual plan review before the planning board, submittal of the preliminary PUD plan and final PUD plan review.

(Res. No. 168, § 16.60.110, 3-26-2001; Ord. of 1-8-2007(2), § 16.60.110; Ord. No. 154, § 5, 1-8-2015)

Conceptual plan review is intended to review the PUD concept plan with respect to such items as density, building design, layout and compatibility with the intent of this article.

(Res. No. 168, § 16.60.120, 3-26-2001; Ord. of 1-8-2007(2), § 16.60.120; Ord. No. 154, § 5, 1-8-2015)

Preliminary PUD plan submittal requirements are as follows:

(1)

Submit the required number of copies of the preliminary PUD plan, as determined by the zoning administrator. The preliminary plan application shall be prepared to professional standards such that the required review may be carried out effectively.

(2)

Remit the required fee as established by the town council for administrative review and public notice costs.

(3)

Provide the following information:

a.

A detailed statement of how the proposed PUD meets the intent of a PUD, and how the completed PUD will be organized, managed and maintained. Include a description of the proposed character of the development, including the relationship of the development to adjacent land uses.

b.

A summary report identifying the major features of the proposed PUD, including: mix of land uses, amount of land for housing and the number and type of housing units, the amount and type of commercial uses the percentage and location of open space, the location of streets and parking and a statement of how infrastructure will be developed and whether any portion of the infrastructure will be dedicated to the public.

c.

A drawing of the existing site conditions, including: development on site (if any), topography, soil type, water features, significant trees, easements, adjacent land use and any additional information that is relevant to the review of the PUD.

d.

A site plan that includes: building locations, traffic and pedestrian circulation, including parking, infrastructure, open space, landscaping and design considerations for all multifamily dwellings and commercial buildings.

e.

Drawings and site plans must be of a reasonable size and scale to clearly show all of the required information to include dimensions and square footage of public and private streets, parking lots, common open areas and other features required by this chapter. Also to be included is the name of the proposed PUD; date; north arrow; scale; legal description; identification and contact information of property owner, applicant, engineer and surveyor; the date of the survey; and an indication that the drawing is a preliminary PUD plan.

f.

A statement of the proposed ownership of public and private open spaces.

g.

Additional studies or plans as deemed necessary by the planning board, town council or building officials for adequate review of the proposed PUD.

h.

If the applicant is proposing a subdivision review or a zoning change concurrently with the PUD review, a preliminary subdivision plat or zoning proposal must be submitted.

(Res. No. 168, § 16.60.130, 3-26-2001; Ord. of 1-8-2007(2), § 16.60.130; Ord. No. 154, § 5, 1-8-2015)

(a)

The town planning board shall conduct a public hearing and recommend approval, approval with modifications or denial of the preliminary PUD plan to the town council within two weeks of the public hearing date. A written recommendation of the planning board shall be transmitted to the town council within three weeks of the hearing date.

(b)

The town council shall approve, approve with modifications or deny a PUD application transmitted to it by the planning board. A written decision of the town council shall be provided to the applicant within one week of the decision date.

(c)

Public notice of the planning board hearing shall be published in a newspaper of local circulation, posted in the town hall, posted on each street frontage on the subject property and mailed to each owner of property within 200 feet of the boundary of the subject property, at least 14 days prior to the hearing.

(d)

Public notice shall contain the following:

(1)

The name of the applicant and the project name;

(2)

The street address of the subject property;

(3)

A vicinity map indicating the location of the subject property;

(4)

The date, time and place of the public hearing before the planning board;

(5)

A statement of the right of any person to participate in the public hearing;

(6)

A statement that only those persons who participate in the public hearing may appeal the recommendation of the planning board; and

(7)

The name and address of the person to whom written comments may be sent prior to the hearing date and time.

(e)

Public notice of the town council's pending decision shall be included as an agenda item of a regularly scheduled or special town council meeting.

(f)

Appeals of the planning board preliminary PUD recommendation may be made within 30 days to the town council by any party of record.

(g)

Appeals of the town council's decision may be made within 30 days in the 21st judicial district court by any party or record or any aggrieved party.

(Res. No. 168, § 16.60.140, 3-26-2001; Ord. No. 154, § 5, 1-8-2015)

(a)

The town may approve, approve with conditions or deny a preliminary PUD plan based on the plan's fulfillment of the following decision criteria in addition to the additional requirements of this article on PUDs and the other applicable portions of the town development code.

(b)

The PUD accomplishes a development that is better than that resulting from traditional development in each of the following areas:

(1)

Placement, type or design of structures;

(2)

Interconnected useable open space;

(3)

Recreation facilities;

(4)

Conservation of natural features;

(5)

Aesthetic features and harmonious design;

(6)

The PUD is compatible with existing land use surrounding the subject property. Compatibility considerations include the size, scale, mass and architectural design of buildings;

(7)

The PUD has at least one access point from a public right-of-way;

(8)

Open space within the PUD is an integrated component of the overall project; and

(9)

The PUD as a whole, and each phase (if any), contains the required parking spaces, open space, utilities and utility easements.

(Res. No. 168, § 16.60.150, 3-26-2001; Ord. of 1-8-2007(2), § 16.60.150; Ord. No. 154, § 5, 1-8-2015)

(a)

Final PUD plan review is an administrative and technical process conducted by the town officials, and approved by the town council. The applicant must submit the detailed and technical information necessary to demonstrate that all town standards, requirements and conditions, in addition to the requirements of state law and state survey standards have been met to the officials' satisfaction.

(b)

The zoning administrator, after receipt of the final plat and evidence of compliance with conditions of approval, town and state standards and requirements, shall provide the applicant with a written letter indicating if there are any additional submittal requirements.

(c)

Once the final submittal is complete and accurate, the town council as governing body shall consider approval of the final plat at a regularly scheduled council meeting.

(Res. No. 168, § 16.60.160, 3-26-2001; Ord. No. 154, § 5, 1-8-2015)

(a)

The applicant may request that the town process a preliminary plat in conjunction with a preliminary PUD plan. Platting is required for all projects that involve the subdivision of land. All of the town's submittal requirements for a preliminary plat must be submitted together with the preliminary PUD plan.

(b)

The town may review and decide upon a preliminary plat within the same public hearing process as the preliminary PUD plan.

(c)

The preliminary plat must conform to the town's subdivision requirements and procedures, and must be consistent with the preliminary PUD plan.

(Res. No. 168, § 16.60.170, 3-26-2001; Ord. No. 154, § 5, 1-8-2015)

(a)

The applicant may request that the town process a rezone in conjunction with a preliminary PUD plan. Rezoning is required for all projects that propose a land use that is not permitted in the underlying land use district. All of the town's submittal requirements for a rezone must be submitted together with the preliminary PUD plan.

(b)

The town may review and decide upon a rezone within the same public hearing process as the preliminary PUD plan.

(c)

The rezone must conform to the town's rezoning criteria and must be consistent with the preliminary PUD plan.

(Res. No. 168, § 16.60.180, 3-26-2001; Ord. No. 154, § 5, 1-8-2015)