(a)

Pursuant to section 702 of chapter 160D of the General Statutes of North Carolina (G.S. ch. 160D-702), the City Council establishes the Planning Unit Development District (PUD) as a zoning district designed to provide an alternative to traditional development standards which is intended to:

(1)

Reduce initial development costs by reducing standard minimum lot size and setback requirements while reserving areas for common use;

(2)

Preserve the character of surrounding neighborhoods and enhance the physical appearance of the area by preserving natural features and existing vegetation, while providing recreational and open areas;

(3)

Promote economical and efficient land use which can result in smaller networks of public facilities, utilities, and streets;

(4)

Provide an appropriate and harmonious variety of housing and creative site design alternatives;

(5)

Promote energy conservation by optimizing the orientation, layout, and design of structures to take maximum advantage of solar heating/cooling schemes and energy conserving landscaping;

(6)

Encourage innovations in residential development so that the growing demands of population may be met by greater variety in type, design, and layout of buildings; and

(7)

Provide a procedure which can relate the type, design, and layout of development to a particular site and the particular demand for housing and other facilities at the time of development in a manner consistent with the preservation of property values within established residential areas.

(b)

For purposes of this section, a Planned Unit Development District shall be defined as a project/district which meets all of the following:

(1)

Land under common ownership, to be planned and developed as an integral unit;

(2)

A single development or a programmed series of development, including all lands, uses, and facilities;

(3)

Constructed according to comprehensive and detailed plans that include streets, drives, utilities, lots, and building sites. Plans for such building locations, uses and their relation to each other shall be included and detailed plans for others uses and improvements of land showing their relation to the building shall also be included; and

(4)

Providing a program for the provision, operation and maintenance of such areas, facilities and improvements as shall be required for perpetual common use by the occupants of the Planned Unit Development.

(Code 1993, § 27-123; Ord. No. 21-3, § 1(Att.), 6-14-2021)

(a)

Minimum area requirements. The following are minimum area requirements in Planned Unit Developments:

(1)

Planned Unit Developments shall contain not less than twenty (20) gross acres.

(2)

Planned Unit Developments comprising less than one hundred (100) gross acres shall contain residential uses only as set forth in subsection (b)(1) of this section.

(3)

Planned Unit Developments comprising one hundred (100) gross acres or more may contain all of the uses permitted by subsections (b)(1) and (b)(2) of this section provided that all nonresidential uses set forth in subsection (b)(2) of this section meet the following design requirements:

a.

Are designed and located with the primary intention of serving the immediate needs and convenience of the residents of the Planned Unit Development;

b.

Are located on minor streets, as defined in section 40-321;

c.

Are not located on any public street that borders the Planned Unit Development;

d.

Are not located within five hundred (500) feet of the property line of the Planned Unit Development; and

e.

Are not platted for development until a minimum of fifty (50) percent of the residential units have been constructed.

(b)

Regulations of uses. Subject to subsection (a) of this section, a Planned Unit Development may contain the following permitted residential and nonresidential uses:

(1)

Residential uses include:

a.

Detached single-family dwelling;

b.

Two-family, attached dwelling (duplex);

c.

Attached single-family dwelling or townhouse development group;

d.

Condominium development group;

e.

Multifamily development group;

f.

Family care home, subject to article VI;

g.

Accessory building or use;

h.

Public recreation or park facility; and

i.

Private recreation facility.

(2)

Nonresidential uses include:

a.

Churches;

b.

Elementary and secondary schools subject to the development standards established under article VI of this chapter;

c.

Kindergartens, day care facilities;

d.

General business, professional or medical offices;

e.

Neighborhood convenience food stores;

f.

Drugstores;

g.

Grocery stores;

h.

Accessory gasoline sales; and

i.

Barbershops and beauty shops.

(c)

Maximum density requirements.

(1)

Residential density shall not exceed six (6) units per gross acre, except as further provided under the density bonus option contained in subsection (i) of this section.

(2)

Nonresidential uses shall not exceed five (5) percent of the gross Planned Unit Development acreage.

(d)

Open space requirements.

(1)

Planned Unit Developments shall reserve not less than twenty-five (25) percent of the gross acreage as common open space.

(2)

If developed in sections, the common open space requirements set forth herein shall be coordinated with the construction of dwelling units and other facilities to insure that each development section shall receive benefit of the total common open space.

(3)

Streets, private drives, off-street parking areas and structures or buildings shall not be utilized in calculating or counting towards the minimum common open space requirement; however, lands occupied by recreational building and/or structures, bike paths and similar common facilities may be counted as required open space provided such impervious surfaces constitute no more than five (5) percent of the total required common open space.

(4)

In the designation of common open space, consideration shall be given to the suitability of location, shape, character and accessibility of such space.

(5)

Payment in lieu may be exercised in accordance with the procedures and regulations outlined in section 40-292 of this ordinance.

(e)

Recreation area requirement. A minimum of twenty-five (25) percent of the required gross common open space in a planned unit development shall be developed for recreational purposes. For purposes of this section, the term "recreation" shall include, but not be limited to, tennis courts, swimming pools, ballfields, fitness courses, and the like.

(f)

Dedication. Open space land and recreation area shall be separately deeded to either a homeowner's association, a non-profit land trust or conservancy, Beaufort County, to the city of Washington (upon approval by City Council) or may be held in private ownership with conservation easements recorded in the Beaufort County Register of Deeds in a form approved by the city.

(g)

Off-street parking requirements.

(1)

Number of spaces.

a.

Residential parking. Planned unit developments shall provide a minimum of two and one-half (2 1/2) off-street parking spaces, so designed not to allow parked vehicles to encroach within any public right-of-way or private street easement, for each dwelling unit. Provided however, residential developments to be used exclusively by elderly occupants shall require parking in accordance with article XVII of this chapter.

b.

Nonresidential parking. Vehicular parking in areas designated as nonresidential shall be subject to the requirements of article XVII of this chapter.

c.

Social and recreational buildings. One (1) parking space shall be required per fifty (50) square feet of floor area in each social or recreation building.

d.

Accessory parking. One (1) accessory parking space shall be provided for every ten (10) residential units, rounded off to the next highest whose number. For purposes of this section, the term "residential units" shall be construed to mean those uses listed under subsection (b)(1)c through e of this section.

(2)

All off-street parking area designed for three (3) or more spaces shall be in accordance with article XVII of this section.

(3)

All parking areas shall be landscaped and meet the general parking requirements of article XVII of this section, unless otherwise provided in this subsection.

(h)

Bufferyard requirements. Bufferyard requirements shall be in accordance with article VII of this chapter.

(i)

Residential density bonus provisions and standards. A density bonus rounded to the nearest whole number and not exceeding a total of twenty-five (25) percent over the allowable base density as set forth in subsection (c) of this section may be approved by the Planning Board in accordance with the standards for allowing density bonuses as listed in this section. The applicable requirements of section 40-319(c) shall be shown on the land use plan in sufficient detail to enable the Planning Board to evaluate such proposal.

(1)

Common open space. Increasing the common open space area by ten (10) percent above the required common open space provisions may allow a bonus of five (5) percent above the allowable density of a Planned Unit Development.

(2)

Bike paths/greenway systems. The provisions of a system of bike paths/pedestrian greenways that form a logical, safe and convenient system of access to all dwelling units, project facilities, or principal off-site pedestrian destinations may quality for a density bonus upon approval of the Planning Board. Such facilities shall be appropriately located, designed, and constructed with existing topography, land form, vegetation and other amenities associated with the Planned Unit Development. The maximum bonus allowed under this provision may be five (5) percent above the allowable density in the Planned Unit Development.

(3)

Solar access. Where the design of a Planned Unit Development provides sixty (60) percent of dwelling units proper solar access in order that those dwelling units maximize solar energy systems for heating and cooling purposes, a bonus of fifteen (15) percent above the allowable density in a Planned Unit Development may be approved provided the design of the Planned Unit Development meets the following:

a.

The Planned Unit Development shall be designed so that the buildings shall receive sunlight sufficient for using solar energy systems for water heating and/or space heating and cooling. Building and vegetation shall be sited with respect to each other and the topography of the site so that the maximum unobstructed sunlight reaches the south wall or roof top of the designated units employing the solar heating/cooling systems including active and/or passive systems; and

b.

The following criteria in addition to other design elements shall be evaluated in determining proper site design for the active and/or passive solar system utilized:

1.

Site selection;

2.

Street pattern;

3.

Lot orientation;

4.

Building orientation;

5.

Building design;

6.

Existing and proposed vegetation; and

7.

Shadow patterns.

(Code 1993, § 27-124; Ord. No. 21-3, § 1(Att.), 6-14-2021)

(a)

Lot area. The lot area for each detached single-family dwelling shall be no less than six thousand (6,000) square feet.

(b)

Lot width. Lot width for each detached single-family dwelling shall be no less than fifty (50) feet. Lot width for each attached dwelling unit shall be no less than sixteen (16) feet. For purposes of this section, the term "lot width" shall include condominium unit width.

(c)

Street setback. No principal or accessory structure shall be closer than twenty (20) feet to a public street right-of-way or private street easement or as further provided herein.

(d)

Minimum side yard. The side yard area required for detached single-family and two-family attached dwellings may be subject to section 40-317 (zero lot line) or not less than twelve (12) feet, provided, however, that no detached single-family or two-family attached structure shall be located on more than one (1) exterior side lot line. Detached single-family and two-family attached dwellings which do not utilize the provisions of section 40-317 (zero lot line) and are not located adjacent to a structure or lot subject to section 40-317 (zero lot line) shall maintain a minimum side setback of not less than six (6) feet. The side yard area required for attached units shall be subject to the applicable provisions of section 40-317 (zero lot line) provided the end unit of an attached building group containing three (3) or more units is not less than sixteen (16) feet from an adjacent property line or building.

(e)

Minimum rear yard. The rear yard required for detached or attached dwelling units shall be subject to section 40-317 (zero lot line) or not less than twenty (20) feet.

(f)

Building separation within group developments containing two (2) or more principal structures on one (1) lot of record. No portion of a principal structure front or rear building wall elevation shall be located less than forty (40) feet from an adjacent principal structure front or rear building wall elevation as measured at ninety (90) degrees. No portion of a principal structure side building wall elevation shall be located less than twenty (20) feet from an adjacent principal structure as measured at ninety (90) degrees. No portion of any principal structure shall be located less than sixteen (16) feet from any other principal structure as measured to the closest point. Architectural extensions including, but not limited to, bay windows, chimneys, open porches, and decks, roof overhangs and balconies shall not be considered in calculating building separation provided such encroachments are not more than three (3) feet.

(g)

Height. No structures or building having a zero (0) side and/or rear setback in accordance with section 40-317 (zero lot line) shall exceed thirty-five (35) feet in height above the property grade. No structure shall exceed thirty-five (35) feet in height above the property grade unless the required setbacks and building separations are increased one (1) foot for each one (1) foot or fraction thereof of building height in excess of thirty-five (35) feet.

(h)

Periphery boundary setback. No portion of a planned unit development including accessory structures, parking areas, or required yards shall be located less than thirty (30) feet from the property lines of the planned unit development.

(i)

Additional attached dwelling transition setback. The scale below shall be utilized in the calculation of the minimum building setback, in addition to the periphery boundary setback as specified above, between proposed attached dwelling units including their accessory structures and existing single-family zoning districts or other predominantly single-family areas, as defined herein, that border the Planned Unit Development. For purposes of this subsection, the term "other predominately single-family areas" shall be that area within one hundred (100) feet of the external boundary of the Planned Unit Development District in which fifty (50) percent or more of the confirming land uses are single-family residential.

(j)

Recreation area setback. No portion of an active lighted recreation area shall be located within one hundred (100) feet of the external boundary of the Planned Unit Development.

(k)

Transition area setback. Where a Planned Unit Development adjoins or borders an existing single-family zoning district or single-family development sharing common frontage on the same side of a public or private street the minimum public street setback requirement of the abutting single-family zone or development shall be utilized for a minimum of two hundred (200) feet from such common border along such street.

(l)

Building length. No continuous unit or series of attached units shall exceed a combined length of two hundred and sixty (260) feet.

(m)

Storage area required. Every dwelling unit shall provide private storage in the amount of ten (10) percent of the gross habitable floor area. The living area, including closets and attics, shall not count toward the required private storage area. Such storage area shall be provided in the form of attached utility rooms, detached accessory structures, and private yard area available for such future use or otherwise as approved by the Planning Board.

(n)

Detached accessory structure requirements. Detached accessory structure requirements:

(1)

Shall not be located within any front yard setback;

(2)

Shall not be located within five (5) feet of any other structure;

(3)

Shall not cover more than twenty (20) percent of any side or rear yard; and

(4)

The side or rear yard requirement for detached accessory structures shall be subject to the provisions of section 40-317 (zero (0) lot line) or not less than five (5) feet.

(o)

Trash/garbage container requirements.

(1)

No container pad shall be located closer than twenty (20) feet to any dwelling structure;

(2)

Each container pad required to service the development shall be located within two hundred (200) feet of the dwelling units such container is intended to serve; and

(3)

Each container pad shall be in accordance with other requirements of the city.

(p)

Satellite dish antennas, swimming pools. Satellite dish antennas and swimming pools shall comply with the applicable provisions of article VI of this chapter.

(Code 1993, § 27-125; Ord. No. 21-3, § 1(Att.), 6-14-2021)

(a)

The dimensional standards for the buildings shall meet all of the setback requirements as established in each business and industrial zoning classification.

(b)

A zero side or rear yard setback where the side or rear building line is on the side or rear lot line as permitted herein, may be permitted subject to the following provisions:

(1)

Any wall constructed on the side or rear lot line shall be a solid doorless and windowless wall. Such wall shall contain no electrical, mechanical, heating, air conditioning or other fixtures that project beyond such wall. If there is an offset of the wall from the lot line, such offset shall be subject to the provisions established in this chapter and the state building code. Roof eaves may encroach two (2) feet into the adjoining lot;

(2)

A five-foot maintenance and access easement with a maximum eave encroachment easement of two (2) feet within the maintenance easement may be established on the adjoining lot to ensure ready access to the lot line wall at reasonable periods of the day for normal maintenance;

(3)

No two (2) units or structures shall be considered attached unless such units or structures share a five-foot linear common party wall. Common party walls of attached units shall be constructed in accordance with the state building code, G.S. ch. 47C (North Carolina Condominium Act), and other applicable requirements.

(c)

Private street setback. No principal or accessory structure shall be closer than twenty (20) feet to a private street easement.

(d)

Height. No structure or building shall exceed thirty-five (35) feet in height above the property grade.

(e)

Building separation. No structure or building shall be located within twenty (20) feet of any other structure or building.

(f)

Nonresidential condominium or townhouse-type development. Nonresidential condominium or townhouse-type development shall be subject to the applicable provisions of section 40-317 (zero (0) lot line), provided the overall structure meets the side, rear and public or private street setbacks as provided by this subsection.

(Code 1993, § 27-126; Ord. No. 00-17, 10-9-2000)

A zero (0) side or rear yard setback where the side or rear building line is on the side or rear lot line as permitted herein, may be permitted, subject to the following provisions:

(a)

Any wall, constructed on the side or rear lot line shall be a solid doorless and windowless wall. Such wall shall contain no electrical, mechanical, hearing, air conditioning or other fixtures that project beyond such wall. If there is an offset of the wall from the lot line, such offset shall be subject to the provisions of section 40-315 and/or section 40-316. Roof eaves may encroach two (2) feet into the adjoining lot;

(b)

A five-foot maintenance and access easement with the maximum eave encroachment easement of two (2) feet within the maintenance easement shall be established on the adjoining lot and shall ensure ready access to the lot line wall at reasonable periods of the day for normal maintenance;

(c)

No two (2) units or structures shall be considered attached unless such units or structures share a five-foot common party wall; and

(d)

Common party walls of attached units shall be constructed in accordance with the state building code, G.S. ch. 47C (North Carolina Condominium Act), and other applicable requirements.

(Code 1993, § 27-127)

Application. A petition for a zoning map amendment to establish a Planned Unit Development (PUD) district shall be submitted to the Planning Board and City Council and administered in accordance with the provisions of this chapter for amendments.

(a)

Criteria. In addition to other considerations, the following may be utilized by the Planning Board and City Council in evaluation of a rezoning petition to establish a Planned Unit Development zoning district:

(1)

The total development can create a needed residential environment;

(2)

Existing or proposed utility and other public services are adequate for the anticipated population densities; and

(3)

The Planned Unit Development is in general conformity with the city's comprehensive land use plan.

(4)

A site plan, outlining the site-specific conditions of the PUD, as listed in section 40-319(b), (c), and (d).

(b)

Zoning map designation. Following City Council review and approval of a conditional district petition to establish a Planned Unit Development Conditional District (PUD-CD), the property for which approval was granted by ordinance, shall be labeled PUD-CD on the Official Zoning Map of the city. No permits for development shall be issued within any area designated as PUD-CD unless the provisions as set forth herein and shown on the accompanied site plan are complied with.

(Code 1993, § 27-128; Ord. No. 21-3, § 1(Att.), 6-14-2021)

Editor's note— Ord. No. 21-3, § 1(Att.), adopted June 14, 2021, amended the title of § 40-318 to read as herein set out. The former § 40-310 title pertained to Planned Unit Development (PUD) district zoning map amendments.

(a)

Application. An application for a special use permit to develop a specific planned unit development shall only be considered when the property is currently zoned PUD. Should a rezoning be required, the applicant shall follow the requirements outlined in section 40-318 and submit the complete application as a conditional district, outlined in article XX of this ordinance. In addition to other considerations, the following may be utilized by the Planning Board in the evaluation of a special use permit pursuant to G.S. 160D-406:

(1)

That the proposed population densities, land use and other special characteristics of development can exist in harmony with adjacent areas;

(2)

That the adjacent areas can be developed in compatibility with the proposed Planned Unit Development; and

(3)

That the proposed Planned Unit Development will not adversely affect traffic patterns and flow in adjacent areas.

(b)

Land use plat. All applications for approval of a Planned Unit Development special use permit shall be accompanied by a land use plan prepared by a registered professional engineer or registered land surveyor, submitted in accordance with chapter 34, pertaining to subdivisions and article XVIII of this chapter, pertaining to site plan review, for preliminary plats and which shall include but is not limited to the following:

(1)

The numbers and types of residential dwelling units including density and density bonus options utilized within each section and the delineation of nonresidential areas;

(2)

Planned primary and secondary traffic circulation patterns showing proposed and existing rights-of-way and easements;

(3)

Common open space and recreation areas to be developed or preserved in accordance with this section. Setbacks shall be indicated;

(4)

Plans for water, sanitary sewer, storm sewer, natural gas and underground electric utilities to be installed per city standards;

(5)

The delineation of areas to be constructed in sections, showing acreage;

(6)

Soil maps prepared according to the United States cooperative soil survey standards as published in the county soil survey;

(7)

Boundary survey of the tract showing courses and distances and total acreage, including zoning, land use and lot lines of all contiguous property;

(8)

Existing vegetation, indicating all trees having a diameter of twenty-four (24) inches or more;

(9)

Flood hazard areas including base flood elevation;

(10)

Topographic contours at a maximum of two-foot intervals showing existing grades;

(11)

Site data including vicinity sketch, north arrow, engineering scale ratio, title of development, date of plan, name and address of owner/developer and person or firm preparing the plan;

(12)

Any other information as may be required by the Planning Board;

(13)

Copies of or statements addressing the following:

a.

Drafts of or statements addressing any declarations of covenants of conditions or restrictions which create a homeowner's association for the perpetual ownership and maintenance of all common open space and other areas including, but not limited to, recreation areas, private streets, parking areas, landscaping and the like. A private facilities maintenance analysis to determine actual costs of maintenance of such common facilities may be required by the Planning Board in order to assess the feasibility of such private maintenance;

b.

Drafts of or statements addressing any proposed declarations to be recorded pursuant to the North Carolina Condominium Act (G.S. ch. 47C);

c.

Drafts of or statements addressing proposed encroachments and maintenance easements concerning zero (0) lot line building walls;

d.

The names and current mailing address of all property owners who own property within one hundred (100) feet of the proposed development including tax map designation and parcel numbers as listed upon the tax records of the county at the time of submission of the special use permit application;

e.

The deed book and page number showing fee simple title of all property within the Planned Unit Development as listed in the office of the Beaufort County Register of Deeds; and

f.

Statements addressing the required findings as set forth in subsection (e) of this section.

(c)

Preliminary plat requirements. After approval of the land use plat special use permit as set forth herein, the developer shall submit the following according to the approved schedule of development:

(1)

All information required by and in accordance with chapter 34, pertaining to subdivisions and article XVIII of this chapter, pertaining to site plan review, for submission of preliminary plats;

(2)

Where zero (0) lot line options, as provided under section 40-317, are proposed, the building area for such lots shall be indicated on the plat; and

(3)

The following additional information shall be required when the uses, as listed under section 40-315(b)(2), are proposed: The contents shall be as necessary to determine and ensure compliance with the standards, conditions and restrictions of this article.

(d)

Final plat requirements. After approval of the preliminary plat as set forth herein, the developer shall submit the following according to the approved schedule of development and the final plat must be prepared by a registered professional engineer or registered land surveyor:

(1)

All information required and in accordance with chapter 34, pertaining to subdivisions and article XVIII of this chapter, pertaining to site plan review, for submission of the final plats;

(2)

Where zero (0) lot line setbacks are proposed, the building area for each lot shall be indicated; and

(3)

The following additional information shall be required:

a.

Maintenance agreements concerning all common areas, private streets, and utilities; and

b.

All information as required and in accordance with G.S. ch. 47C (G.S. ch. 47C), North Carolina Condominium Act.

(e)

Procedure; required reviews.

(1)

Land use plat review. The applicant for a special use permit to develop a specific Planned Unit Development shall submit all information as required herein to the Department of Planning and Development no later than 5:00 p.m. on the fifteenth (15th) of the month before the month the applicant wishes to have the special use permit considered by the Planning Board and the Board of Adjustment.

a.

Contents. All information as required by subsection (b) of this section.

b.

The Planning Board shall hold a public hearing to review the special use permit application. The Planning Board may in its discretion attach reasonable conditions to the plat to insure that the purposes of the Planned Unit Development District can be met. The Planning Board shall forward its recommendation to the Board of Adjustment for final approval of the special use permit. The Board of Adjustment shall conduct a public hearing in accordance with the requirements of articles V and XIX of this chapter.

c.

The Planning Board and the Board of Adjustment may, in their discretion, attach conditions to the plat that exceed the minimum standards as set forth herein when it is found that such conditions are necessary to ensure that the proposed Planned Unit Development will be compatible with adjacent areas.

d.

Required findings. Prior to approval of a special use permit, the Board of Adjustment shall make appropriate findings to ensure that the following requirements are met:

1.

The total development, as well as each individual section of development, can exist as an independent unit capable of creating an environment of sustained desirability and stability;

2.

The use has existing or proposed utility services which are adequate for the population densities as proposed;

3.

The use is properly located in relation to arterial and collector streets and is designed so as to provide direct access without creating traffic which exceeds acceptable capacity as determined by the Director of Public Works on streets in adjacent areas outside the Planned Unit Development;

4.

The use will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use and will not be detrimental to the public welfare if located and developed according to the plan as submitted and approved;

5.

The use meets all required conditions and specifications;

6.

The use will not injure, by value or otherwise, adjoining or abutting property or public improvements in the neighborhood or in the alternative, that the use is a public necessity; and

7.

The location and character of the use if developed according to the plat submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the land use plan of the city and its extraterritorial jurisdiction.

e.

Notice; public hearing. Notice shall be given in the same manner as for amendments to this chapter.

f.

Notice; adjoining property owners. Notice of the Planning Board and Board of Adjustment public hearing shall be delivered to all owners of property within one hundred (100) feet of the external property boundaries of the proposed development. Such notice shall be postmarked not less than seven (7) days prior to the date of the Planning Board public hearing. Failure to notify all owners shall not affect the validity of the action, provided due diligence has been exercised in the attempts to provide notice.

g.

Action by Board of Adjustment. The Board of Adjustment shall act on the special use permit application by taking one of the following actions:

1.

Approve the application as submitted;

2.

Approve the application, subject to reasonable conditions or requirements;

3.

Table or continue the application; or

4.

Deny the application.

h.

If approved, the special use permit shall be binding upon the applicant, successor and/or assigns.

i.

Voting. A four-fifths (4/5) vote in favor of any special use permit application shall be required for approval.

j.

Appeals from Board of Adjustment action. Decisions of the Board of Adjustment on action taken concerning any special use permit to establish a Planned Unit Development shall be subject to review, as provided by law.

(2)

Preliminary plat site plan review. After approval of the land use plan as provided herein or in conjunction therewith, the developer shall submit all information as required below to the Department of Planning and Development no later than 5:00 p.m. on the fifteenth (15th) of the month before the month the applicant wants the preliminary plat to be reviewed by the Planning Board and City Council.

a.

The preliminary plat site plan shall be reviewed and administered pursuant to the provisions of chapter 34, pertaining to subdivisions, and article XVIII of this chapter, pertaining to site plan review for preliminary plats;

b.

Contents. All information as required by subsection (c) of this section;

c.

The Planning Board shall review and approve the submitted preliminary plat site plan, provided such is in conformance with the approved land use plan and the provisions of this article and forward their recommendations to the City Council for approval; and

d.

No building permit shall be issued for any construction within any Planned Unit Development until a preliminary and final plat site plan has been approved in accordance with the provisions of this article. Building permits may be issued in accordance with the applicable provisions of this article; article XVIII of this chapter, and chapter 34, pertaining to subdivisions.

(3)

Final plat review. After approval of the preliminary plat site plan as provided herein, the developer shall submit all information, as required as follows, to the Department of Planning and Development no later than 5:00 p.m. on the fifteenth (15th) of the month before the month the applicant wants the final plat to be reviewed by the Planning Board.

a.

The final plat shall be reviewed and administered pursuant to the provisions of this article, article XVIII of this chapter, pertaining to site plan review, and chapter 34, pertaining to subdivisions, for final plats;

b.

Contents. All information as required by subsection (d) of this section;

c.

The Planning Board shall review and approve the submitted final plat site plan provided such is in conformance with the approved land use plan and the approved land use plan and the provisions of this article and forward their recommendations to the City Council for approval; and

d.

No building permit shall be issued for any construction within any Planned Unit Development until a final plat site plan has been approved in accordance with the provisions of this article. Building permits may be issued in accordance with the applicable provisions of this article; article XVIII of this chapter, pertaining to site plan review; and chapter 34, pertaining to subdivisions.

e.

No certificate of compliance, as defined in G.S. 160D-1116, shall be issued within any planned unit development until a final plat and all covenants, restrictions, easements, agreements, or otherwise for such development or section thereof has been recorded in the office of the Beaufort County Register of Deeds.

(Code 1993, § 27-129; Ord. No. 21-3, § 1(Att.), 6-14-2021)

(a)

Site planning; external relationship. Site planning in the proposed development shall provide protection of the development from potentially adverse surrounding influence and protection of surrounding areas from potentially adverse influences within the development. Consideration will be given to the location of uses, type of uses, open space, recreation areas, street design and arrangement in the evaluation of the development and its relationship with the surrounding areas.

(b)

Site planning; internal relationship.

(1)

Service and emergency access. Access and circulation shall be adequately provided for firefighting equipment, service deliveries and refuse collection.

(2)

Underground utilities. Planned unit developments shall be required to have underground utilities. Such proposed utilities shall be adequate to serve the proposed development and such utilities or streets shall be extended to adjacent property if it is determined to be in the interest of the city.

(3)

Pedestrian circulation. A pedestrian circulation system is encouraged in such development. Walkways for pedestrian use shall form a logical, safe and convenient system of access to all dwelling units, project facilities and principal off-site pedestrian destinations. Walkways to be used by substantial numbers of children as routes to schools, play areas or other destinations shall be so located and safeguarded as to minimize contact with normal automobile traffic. Street crossings shall be held to a minimum. Such walkways, where appropriately located, designed and constructed, may be combined with other easements and used by emergency or service vehicles, but not be used by other automobile traffic. In addition, bike paths may be incorporated into the pedestrian circulation system and are to be encouraged in such developments.

(4)

Where an existing or proposed public thoroughfare as indicated on the approved thoroughfare plan of the city is adjacent to or within the proposed Planned Unit Development, plans for the project will reflect said thoroughfares in a manner conducive to good transportation planning. Existing thoroughfares shall be provided for in accordance with current policies for the protection of rights-of-way and construction of thoroughfares within the city.

(Code 1993, § 27-130)

(a)

For the purposes of the Planned Unit Development District, three (3) types of streets shall be utilized to provide internal access to the development. The three (3) types of streets are defined as:

(1)

Minor street: Distributors within the Planned Unit Development which provided linkage with major streets outside the Planned Unit Development District;

(2)

Marginal access street: Those streets which connect with minor streets to provide access to individual buildings within the Planned Unit Development District; and

(3)

Private street: Those streets that provide access to individual buildings within the Planned Unit Development District, pursuant to subsection (c) of this section.

(b)

The street design of all Planned Unit Developments shall be in conformance with chapter 34, pertaining to subdivisions and the Manual of Standard Design and Details.

(c)

Upon approval of the Planning Board, interior roads may be allowed to be constructed as private streets, subject to the requirements of chapter 34, pertaining to subdivisions. Where such private streets are allowed, the homeowners' association shall perpetually maintain such private streets in suitable conditions and state of repair for the city to provide normal delivery of services, including, but not limited to, garbage pickup, police and fire protection. If at any time such private streets are not maintained by the homeowner's association and travel upon them becomes or will be hazardous or inaccessible to the city's service or emergency vehicles, the city may cause such repairs after a reasonable period of notification to the property owner and/or homeowners' association. In order to remove safety hazards and ensure the safety and protection for the development, the city may assess the cost of such repairs to the property owner and/or homeowners' association. The city shall have no obligation or responsibility for maintenance or repair on such private streets as a result of the normal delivery of services or otherwise by the city or others using such streets. No private street shall be allowed unless a homeowners' association is established for the purpose of providing for and perpetually maintaining such streets. All private streets shall be dedicated to the city as utility easements.

(Code 1993, § 27-131)

Where utility services are provided on private property, the following standards shall apply:

(a)

All such utility services, such as water lines, sanitary sewer lines, gas lines, storm sewer lines, and electric lines shall be installed and maintained according to the standards and policies of the city.

(b)

The city shall receive a general easement to allow servicing and use by the city or their representative of valves, meters, transformers, poles, fire hydrants or other approved utility service apparatus;

(c)

The city shall furnish and maintain utility meters at approved locations; and

(d)

Where such utility lines, valves, fire hydrants or other utility apparatus are installed by the property owner or developer and required to be maintained by the homeowners' association or property owner, the city may cause such apparatus to be repaired or replaced upon its continued disrepair and after a reasonable period of notification to the property owner. In order to remove safety hazards and ensure the safety and protection for the development, the city may assess the cost of such repairs or replacement to the property owner or homeowners' association.

(Code 1993, § 27-132)

(a)

No final plat shall be approved until all required legal instruments have been reviewed and approved by the City Attorney as to legal form and effect.

(b)

If common open space is deeded to a homeowners' association, the owner or developer shall file a declaration of covenants, conditions and restriction that will govern such association. The provisions of such declaration of covenants, conditions, and restrictions shall include, but not be limited to, the following:

(1)

The homeowner's association must be set up before any property is sold in the development;

(2)

Membership must be mandatory and automatic when property is purchased in the development;

(3)

The open space restrictions must be permanent, not just for a period of years;

(4)

The association must be responsible for liability insurance, local taxes, and maintenance of recreational and other common facilities including private streets;

(5)

Homeowners must pay their pro rata share of the cost; the assessment levied by the association can become a lien on the property;

(6)

The association must be able to adjust the assessment to meet changed needs;

(7)

Covenants for maintenance assessments shall run with the land;

(8)

Provision ensuring that control of such association will gradually be vested in the homeowners' association; and

(9)

All lands so conveyed shall be subject to the right of the grantee to enforce maintenance and improvement of the common facilities.

(Code 1993, § 27-133)

(a)

Minor modifications. Modifications to an approved land use plat for a PUD may be approved by the Director of Planning and Development if they meet the requirements outlined in section 50-579.

(b)

Major modifications. Major modifications to the approved land use plat shall require review pursuant to section 40-319(e). Such major changes shall include but not be limited to increased density, land use, location of use, open space, recreation space, and street pattern. Appeal from the decision of the Director of Planning and Development may be taken to the Board of Adjustment.

(c)

Authority. Minor modifications may be approved administratively by the Department of Planning and Development. Major modifications shall be subject to approval by the original approving body.

(d)

Variances. The city Board of Adjustment shall not be authorized to grant or approve any variance from the minimum requirements as set forth in this section or condition set by the approving body, unless the applicant resubmits the application for a new Special Use Permit.

(Ord. No. 21-3, § 1(Att.), 6-14-2021)

Editor's note— Ord. No. 21-3, § 1(Att.), adopted June 14, 2021, amended § 40-324 in its entirety to read as herein set out. Former § 40-324 pertained to Special use permit, and derived from the Code of 1993, § 27-134.