(a)

The planned unit development (PUD) is a concept which encourages and permits variation in residential developments by allowing deviation in lot size, bulk or type of dwelling, density, lot coverage, and open space from that required in any other residential district. The purpose of such deviations are to permit the developer to create a unique residential environment in terms of character, amenities and spacial elements. Appropriate commercial uses may be provided in addition to a the variety of residential uses. It is intended that commercial development if provided be limited to a scale appropriate to the support of the residential uses within the planned unit development; provided that additional commercial activity may be permitted upon a finding that the area in which the planned unit development is to be located is not adequately served by such uses. Commercial areas are intended to be of a scale, character and location appropriate to provide convenience services primarily for the residents of the planned unit development. To this end, where practical, commercial areas shall be internally oriented and separated from dissimilar areas surrounding the P-1 district. External vehicular access shall be discouraged and internal pedestrian access shall be encouraged. Individual establishments shall be limited in size to avoid the impression of general commercial development. A distinguishing feature of planned unit developments generally is that they proceed on the basis of a master development plan provided by the developer, and the developer or successor agent remain active participants in the implementation and oversight of this plan on a continuing basis. Planned unit developments generally are "self-regulating" developments, and may restrict the type, characteristics, size, and aesthetic qualities of the physical developments within the planned unit development, usually through extensive private covenants and restrictions. Build-out of planned unit developments may be phased over extended periods of time, each phase either being homogenous or slightly differentiated from previous phases in terms of physical developments, yet all phases being unified and kept in harmony through the master development plan.

(b)

It is intended that this article provide flexibility in residential development by providing for a mix of residential uses with appropriate nonresidential uses, alternative forms of housing, flexibility in internal relationships of design elements and, in appropriate cases, increases in gross residential densities over that provided in other zoning districts. The purpose of this article is to establish procedures and standards for planned unit developments within the county, in order that one or more of the following objectives may be attained:

(1)

Flexibility in design to take the greatest advantage of natural land, trees, historic, and other features.

(2)

Accumulation of large areas of usable open space for recreation, preservation of natural amenities, and provision of community facilities.

(3)

Creation of a variety of residential and compatible neighborhood arrangements that give the home occupant greater choice in selecting types of environment and living units.

(4)

Clustering of one residential type for better use of land and open space. as long as the resulting density does not exceed the allowed density in the P-1 district.

(5)

Allowance of sufficient freedom for the developer to take a creative approach to the use of land and related physical developments as well as utilizing innovative techniques to enhance the visual character of the planned unit development.

(6)

Efficient use of land which may result in reduction in development and maintenance costs of street and utility systems.

(7)

Establishment of criteria for the inclusion of compatible associated uses to complement the residential areas within the planned unit development.

(8)

Simplification of the procedure for obtaining approval of proposed developments within the planned unit development.

(Ord. No. 97-2, § 2(14-231), 6-1-1997)

In the limited planned unit development district P-1, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Single-family, two-family, and multiple-family site-built dwelling units and townhouses in detached, semi-detached, attached, and multi-storied structures. No planned unit development shall be allowed which does not incorporate a variety of residential dwelling types and provided that density is maintained; and provided further that buildings are located so that each unit shall be afforded a side yard setback meeting approval of the planning commission except for common walls.

(2)

Site-built commercial structures and uses as permitted outright in business, limited, district B-1 and business, general, district B-2. Commercial uses subject to special exception as specified in business, limited, district B-1 and business, general, district B-2, unless otherwise permitted in this chapter, are prohibited. Such nonresidential structures and uses shall be compatible with and secondary to primary residential uses within the planned unit development. No structure devoted primarily to a commercial use shall be built or established prior to the primary residential buildings or uses it is designed or intended to serve. The total area of commercial development in the planned unit development shall not exceed ten percent of the gross area of the planned unit development. Deviation from this limitation may be approved by the planning commission.

(3)

Common open space and community facilities, such as parks, playgrounds, community centers and noncommercial recreational and cultural facilities such as tennis courts,golf courses, swimming pools, game rooms, libraries and the like.

(4)

Temporary construction uses and model residential and commercial units constructed in advance of on-site provision of water, sewer, gas, telecommunications and other utilities except electricity, which must be provided to the site before construction commences. No domiciliary use or conduct of commercial business activities except for temporary construction use and real estate marketing shall be permitted until a certificate of occupancy shall be issued for such units.

(5)

Accessory uses and site-built structures, including home occupations, and storage buildings.

(6)

Electric, gas, and telecommunication facilities, including distribution poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public or commercial utility, and water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by a public or commercial utility.

(7)

Law enforcement, fire stations and rescue squad stations.

(8)

Churches and other places of worship.

(9)

Day care, child care or nursery facility; rest home, nursing home, convalescent home, orphanage or similar institutions.

(10)

Neighborhood shopping center as defined in section 66-637 by special exception, provided that no separate application shall be required for any such use included in the original master development plan.

(11)

Electrical power substations with tower structures, and power transmission lines and related towers; gas transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; microwave and radio-wave transmission and relay towers and antennas, substations and appurtenances associated with telecommunications services providers by special exception, provided that no separate application shall be required for any such use included in the original master development plan. Telecommunication towers and antennas used exclusively by public or private schools or educational institutions for the receipt and transmission of data solely for educational purposes shall be permitted by right subject to the provisions of article X of this chapter.

(12)

Parking structures located wholly or partly above grade by special exception, provided that no separate application shall be required for any such use included in the original master development plan.

(Ord. No. 97-2, § 2(14-232), 6-1-1997; Ord. No. 2000-01, § 1(66-708), 4-11-2000)

(a)

Existing developments exempted from rezoning. No existing residential or commercial development or portion thereof within the county established prior to the date of enactment of this article may petition for rezoning or be rezoned by the board of supervisors in accordance with this article. Petitions for rezoning pursuant to this article shall be considered only for undeveloped, vacant property.

(b)

Planned unit development exempted from rezoning. Notwithstanding other provisions of this article, no approved planned unit development which has proceeded into development involving the sale of lots, construction of residential units, or construction of public improvements may be subsequently rezoned by the board of supervisors, whether by petition from its developers, the nonprofit corporation or association established for the planned unit development, or by owners of lots within the planned unit development unless the instrumentalities constituting the planned unit development are legally dissolved. Prior to the sale of lots, construction of residential units, or construction of public improvements within an approved planned unit development, the developers may petition for rezoning in the manner prescribed generally for rezoning pursuant to this article.

(c)

Planned unit development exempted from variance. No variance from any provision of this article may be granted by the board of zoning appeals. Amendment of the master development plan pursuant to section 66-687 shall serve in lieu of variance.

(Ord. No. 97-2, § 2(14-237), 6-1-1997)

(a)

Preapplication review. Prior to the formal submission of a proposed master development plan, the developer or his representative shall hold a conference with the zoning administrator or his designee concerning the proposed planned unit development and preliminary master development plan, and submit unofficial preliminary studies of the concept of the proposed development for tentative review, comments, and recommendations.

(b)

Application submission. After preapplication review has been completed, the developer may apply for a planned unit development and submit a petition for rezoning. The proposed master development plan shall be submitted to the planning commission only after the completion of the preapplication review and upon the approval of the zoning administrator or his designee.

(Ord. No. 97-2, § 2(14-234(a), (b)), 6-1-1997)

The following shall be the required information to be included in a proposed planned unit development master development plan:

(1)

A proposed land-use plan showing the use of each lot or tract within the development.

(2)

A proposed circulation plan showing circulation patterns of vehicular, pedestrian, or other traffic, including the location and design specifications of all initial traffic control signage within the planned unit development, including all street name signs, street and curb markings, and all other signage and markings related to the control and direction vehicular, bicycle and pedestrian movement.

(3)

A plan showing community facilities and usable open space.

(4)

A preliminary subdivision plat as required for preliminary plat approval in chapter 54. The name for the planned unit development shall be given on the face of the plat as "_______ Planned Unit Development Subdivision".

(5)

A plan showing existing and proposed utilities and drainage.

(6)

A proposed buildings and landscape plan, including the existing and proposed structures, proposed new trees and landscaping, existing trees to remain and to be removed, topography with contour intervals of five feet or less, and other significant natural features. The horticultural elements of this plan need be only of sufficient detail to depict the developer's general concept of such elements.

(7)

A plan demonstrating compliance with the provisions of sections 66-738 through 66-742, whether or not deviation as may be provided for therein shall be sought by the developer. Where deviation is sought by the developer, an alternative plan depicting the desired deviation shall also be provided.

(8)

Statistical or technical data as necessary to evaluate the total development, including, but not limited to, the following:

a.

Amount of land proposed to be used for public or semipublic uses such as churches, schools, etc (in acreage or square feet).

b.

Amount of land proposed to be set aside for recreational use (in acreage or square feet).

c.

Amount of land proposed to be set aside for paved streets and street rights-of-way (in square feet).

d.

Amount of land in the floodplain or unusable land within the project boundary (in acreage or square feet).

e.

Extent and nature of projected traffic per 24-hour period (for developments totaling over 100 residential units).

f.

Proposed number of parking spaces for cars and recreational vehicles and the number of parking spaces per residential and commercial unit.

g.

Gross density of the planned unit development to be computed by dividing the total number of proposed dwelling units within the development by the gross development area.

(9)

The name, professional title, and address of the planner, urban designer, architect, development, or engineer who prepared the proposed plan of development.

(10)

A development schedule showing the approximate time of construction and anticipated date of completion of each element of the planned unit development

(11)

Written approvals of the various design aspects as required in division 4 of this article.

(Ord. No. 97-2, § 2(14-234(c)), 6-1-1997)

Nothing in this article shall prevent a developer from developing a planned unit development in stages or phases; provided that the following conditions are met; and provided, further, that any stage or phased development is part of an overall approved master development plan:

(1)

The proposed stages or phases shall be delineated on the proposed master development plan.

(2)

All project data as required in section 66-682, for the project as a whole, shall be given for each such stage or phase so established, as well as all written approvals as required by division 4 of this article.

(3)

When any stage or phase of a planned unit development is developed, it shall conform to the master development plan as approved or amended.

(4)

The gross densities of stages or phases recorded shall not vary by more than ten percent of the gross density approved for the total development.

(5)

In a staged development, each phase shall also provide a minimum of 20 percent of the gross site area of that phase as open space. The planning commission may allow a ten percent variance from the required percentage of the open space at its discretion.

(Ord. No. 97-2, § 2(14-234(d)), 6-1-1997)

No planned unit development shall be approved unless the master development plan shall have first been referred to:

(1)

The zoning administrator or his designee, who shall advise the planning commission whether the design concept of the plan is in conformity with the requirements of this article; and if the proposed land use, circulation, and community facilities plan is in harmony with all applicable elements of the county's comprehensive plan; and if the development in general is based on logical and sound principles of community planning and design.

(2)

The heads of all public utilities and other agencies providing service to or otherwise regulating some aspect of the development, who shall advise the planning commission whether the utilities, drainage, streets, street names and numbering plan, and other engineering features of the plan are in conformity with all applicable federal, state and local laws, ordinances and regulations, and in conformity with sound principles of engineering and design.

(3)

The county attorney or his designee, who shall advise the planning commission whether the association or nonprofit corporation documents are in harmony with all applicable federal, state and local laws, ordinances and regulations.

(4)

The area resident engineer for the state department of transportation or his designee, who shall advise the planning commission concerning the affect of the plan on surrounding public streets, roads and highways, drainage and traffic patterns.

(5)

Written statements from the individuals identified in this section shall be required for submission to the planning commission.

(Ord. No. 97-2, § 2(14-235(a)), 6-1-1997)

No petition for rezoning to planned unit development shall be approved by the board of supervisors until it shall have been submitted to the planning commission for review and recommendation. Approval of a planned unit development's master development plan, including any amendments thereto in accordance with section 66-687 is vested solely with the planning commission. No petition for rezoning to planned unit development may be recommended favorably until the master development plan is approved by the planning commission. The planning commission shall review the proposed master development plan and petition for rezoning at a public hearing in accordance with Code of Virginia, § 15.2-2204 in relation to the purposes outlined in this article.

(Ord. No. 97-2, § 2(14-235(b)), 6-1-1997)

After the board of supervisors has received the recommendation required in this article, the board shall either approve or disapprove the petition for rezoning after holding a public hearing in accordance with Code of Virginia, § 15.2-2204. At such hearing, the master development plan as approved by the planning commission shall be presented as information in support of the petition for rezoning. The board of supervisors may hold a joint public hearing with the planning commission. Upon approval of the petition for rezoning, no building or structure shall be erected or building permit issued nor any lots sold from any such plat nor any final plat recorded except in conformity with the approved master development plan.

(Ord. No. 97-2, § 2(14-235(c)), 6-1-1997)

The developer of an approved planned unit development may apply for an amendment of the master development plan in concept or in minor details, as follows:

(1)

In case of a change in concept, the developer shall have the approval of the planning commission and board of supervisors and shall follow the same procedures as set forth in this article. Changes of density, land use, land area, required setbacks, street layout, open space area, type of community facilities; changes to the ratio or percentages of housing types to each other, or of housing to commercial uses by total number of units greater than ten percent from that specified in the original, approved master development plan or subsequent amendment thereto; changes to method of management of common land and facilities; and changes to overall design layout shall be considered to be changes of concept. A change in concept shall require public hearing before the planning commission.

(2)

In case of a change of minor details, the zoning administrator or his designee may approve these changes, upon being presented with a written request along with necessary graphic and statistical information. Changes of design features of buildings; changes to the ratio or percentages of housing types to each other, or of housing to commercial uses by total number of units less than ten percent from that specified in the original, approved master development plan or subsequent amendment thereto; changes to street names and numbering plan, street signage and markings; changes to street, sidewalk and pathway lighting; changes to parking for community facilities; changes to landscaping of open space; and changes to easements for utilities shall be considered to be changes of minor detail.

(3)

The zoning administrator or his designee shall determine whether any change other than those specified in this article is a change in concept or of minor detail.

(Ord. No. 97-2, § 2(14-235(d)), 6-1-1997)

A fee as provided in the fee schedule in Appendix A to this Code shall be charged for processing a planned unit development application. This fee shall be payable at the time of submittal of the application and petition for rezoning. This fee shall be in addition to the fee paid for the review of the planned unit development's preliminary subdivision plat, and in addition to fees paid to defray public hearing advertising costs. A fee as provided in the fee schedule in Appendix A to this Code shall be similarly charged for processing an amendment involving a change in concept to an approved planned unit development pursuant to subsection 66-687(1). No fee shall be charged for review and approval of a change in minor detail pursuant to subsection 66-687(2). The fee paid for processing a planned unit development application or any amendment thereto shall not be refundable if the application for planned unit development and petition for rezoning or amendment are denied.

(Ord. No. 97-2, § 2(14-235(e)), 6-1-1997)

(a)

All common open space, properties, and facilities of a planned unit development shall be preserved for their intended purposes as expressed in the approved master development plan. The developer shall provide for the establishment of an association or nonprofit corporation of all individuals or incorporated entities owning property within the planned unit development to ensure the maintenance of all common open space, properties, and facilities.

(b)

All privately owned common open space in the planned unit development shall continue to conform to its intended use and remain as expressed in the master development plan through the inclusion in all deeds of appropriate restrictions to ensure that the common open space is permanently preserved according to the site plan. The deed restrictions shall run with land and shall be for the benefit of present as well as future property owners, and shall contain a prohibition against partition. The zoning administrator or planning commission may direct that such restrictions as are generally applicable to the planned unit development be recorded with the final plat of record of the planned unit development.

(c)

All common open space as well as public and recreational facilities in the planned unit development shall be specifically included in the development schedule and shall be constructed and fully improved by the developer at a proportionately equivalent or greater rate than the construction of residential structures.

(d)

The nonprofit corporation or association established to own and maintain common open space properties and facilities in the planned unit development shall conform to the following requirements:

(1)

The developer must establish the association or nonprofit corporation prior to the final approval, recording, and sale of any lot.

(2)

Membership in the association or nonprofit corporation shall be mandatory for all residents within the planned unit development, whether they are freeholders or leaseholders, and the association or corporation shall not discriminate in its members or shareholders. The developer may provide for the participation of commercial entities, if any, owning or leasing property within the planned unit development at the developer's discretion.

(3)

The association or nonprofit corporation documents shall set forth the purposes of the permanent organization under which common ownership is to be established, including its purposes; how it shall be governed and administered; the provisions made for permanent care and maintenance of the common property, including necessary bonds when required by the county; and the method of assessing the individual property for its share of the cost of administering and maintaining such common property. The association or nonprofit corporation shall establish and maintain a registered agent with whom all official correspondence concerning the planned unit development shall be directed. The registered agent shall not be the developer. The registered agent shall be designated at the time the association or nonprofit corporation is established, and the agent's name, official mailing address and telephone number shall be provided to the zoning administrator.

(4)

The incorporation document shall set forth the extent of common interest held by the owner of each individual parcel in the tract held in common with others.

(5)

No amendment pursuant to subsections 66-687(1) and (2) may be requested unless by the developer or by the nonprofit corporation or association's registered agent. The developer shall file any request for amendment with the registered agent at the time such request is submitted, and likewise the registered agent with the developer or successor party for any request for amendment by the nonprofit corporation or association. No individual member of the nonprofit corporation or association may request amendment unless such corporation or association shall make the request on that member's behalf.

(6)

Notice of any public hearing before the planning commission concerning a request for amendment pursuant to subsection 66-687(1) shall be mailed to the developer and registered agent. The notice to the registered agent shall serve as notice to all property owners within the planned unit development. Notice concerning approval or denial or a change in concept by the planning commission pursuant to subsection 66-687(1) shall be mailed to the registered agent and developer. Notice concerning approval or denial of a change in minor detail pursuant to subsection 66-687(2) shall be mailed to the registered agent and developer.

(Ord. No. 97-2, § 2(14-236(a)), 6-1-1997)

The developer shall file the proposed incorporation documents with the county attorney and obtain the written opinion of the county attorney as to acceptability of incorporation documents at the time the proposed master development plan is submitted. The opinion of the county attorney shall be limited to whether the incorporation documents are in compliance with the provisions of this article.

(Ord. No. 97-2, § 2(14-236(b)), 6-1-1997)

All property in a planned unit development shall remain under primary control and ownership of a developer or group of developers, and shall not be leased or sold unless and until provision is made which ensures participation by the properties leased or sold in the retention and maintenance of common open space and community facilities in accordance with this division.

(Ord. No. 97-2, § 2(14-236(c)), 6-1-1997)

If the present or successor developer of a planned unit development does not follow the approved master development plan, that developer shall forfeit his rights to further pursue continued development of the remaining undeveloped property as a planned unit development. In this event, the remaining undeveloped property shall revert to its original zoning district classification or successor district designation, if any, prior to P-1 designation, and any lots of record not conforming to the present requirements of that zoning district or successor district designation, if any, shall be considered nonconforming lots. Written notice shall be given to the developer and to the planned unit development's registered agent by the zoning administrator in this event, whereupon the forfeiture of further development rights and reversion to original or successor zoning district designation shall be effected no less than 30 calendar days from the date of such notice. Upon issue of such notice, no additional permits for continued development shall be issued by any agent of the county. The developer or registered agent may appeal the decision of the zoning administrator to the board of supervisors by written notice to the zoning administrator within the 30-calendar-day period. Upon such appeal, the matter will be presented to the board of supervisors at the earliest possible date. During the appeal process, no additional permits for continued development shall be issued by any agent of the county. The decision of the board of supervisors shall be final.

(Ord. No. 97-2, § 2(14-236(d)), 6-1-1997)

No planned unit development shall be permitted where electricity, water and sanitary sewer service are not available. Planned unit developments may not be served by water and sanitary sewer provided by parties other than public utilities unless consent is given by the board of supervisors and subject to compliance with other federal, state and local law and regulations. In this event, developers must substantively demonstrate that they have obtained or are assured in writing of their ability to obtain the required permits for the operation of such nonpublic water and sanitary sewer systems at the time of submission of final application and petition for rezoning for the planned unit development. The standards for the design and operation of such nonpublic water and sanitary sewer systems must meet the minimum standards required of the public utility in whose jurisdiction the development is to be located, so as to facilitate assumption by the public utility of ownership and operational responsibilities for the nonpublic system to be built if so agreed to at some future date. Certification by the public utility to this effect shall be required at the time of final application submission and petition for rezoning.

(Ord. No. 97-2, § 2(14-233(a)), 6-1-1997)

The gross density within a planned unit development shall be computed by dividing the total number of proposed dwelling units within the development by the gross development area. The maximum gross density shall not exceed 14 dwelling units per acre. The gross density permitted in any P-1 district shall be shown on the approved final application for the planned unit development, and shall be binding upon its approval.

(Ord. No. 97-2, § 2(14-233(b)), 6-1-1997)

A planned unit development shall contain a minimum of 24 contiguous acres of land. Where a separate planned unit development abuts an existing planned unit development, it shall contain a minimum of five contiguous acres of land.

(Ord. No. 97-2, § 2(14-233(c)), 6-1-1997)

Minimum lot size, maximum lot coverage, street-width, setbacks, height and distance between buildings shall in general meet health, safety, and welfare requirements and shall be in harmony with good planning practices and consistent with the county building code set forth in section 14-1. The planning commission may establish minimum setback requirements at the time of approval of the master development plan.

(Ord. No. 97-2, § 2(14-233(d)), 6-1-1997)

(a)

The total usable open space within a planned unit development shall be at least 20 percent of the gross acreage of the planned unit development. No more than 15 percent of the required percentage of usable open space shall be in the form of water surfaces or wet lands, and such aquatic areas must be owned in fee simple by the developer. No separate, dedicated parcel designated for recreational use shall contain less than 5,000 square feet. Recreation areas and facilities, such as playgrounds, golf courses, tennis courts, basketball courts, swimming pools, and community buildings should be provided which will meet the anticipated needs of the clientele the planned unit development is designed to serve. The developer shall be credited with one-half acre in total for each 15 acres of gross development area toward the total usable open space required of the planned unit development for the provision of pedestrian and bicycle paths, including sidewalks running parallel to streets providing pedestrian access to and from residential and commercial buildings. Provision of separate adult and juvenile recreation areas is encouraged. All undeveloped open space must be demonstrated to be usable to the clientele of the planned unit development.

(b)

The following shall not be counted as usable open space:

(1)

Land that slopes greater than 15 percent; however, the developer of a planned unit development containing 24 or more acres of land shall be credited with one-half acre for each three acres of land in total with slopes between 15 percent and 20 percent toward the total usable open space required; and with one-quarter acre for each three acres of land in total with slopes greater than 20 percent. A planned unit development containing between five and 24 acres of land shall not be credited similarly for land with slopes greater than 15 percent, and must have total usable open space of at least 20 percent of gross acreage. Developers are permitted to alter the natural topography so as to achieve the requirements of this section, and must show the plan of such alterations on the master development plan.

(2)

Streets and street rights-of-way, including street accesses to recreational or open space areas, street islands, parking areas, and other asphaltic, paved or hard-surfaced areas; except for pedestrian and bicycle paths, swimming pools, tennis courts, and other similar recreational facilities.

(3)

Other open space areas which are determined by the planning commission to be unsuitable for recreational use.

(Ord. No. 97-2, § 2(14-233(e)), 6-1-1997)

Structures within the planned unit development shall be connected to public water and sewer lines and all utility lines shall be placed underground, except for major electrical transmission lines, which may be placed underground at the developer's discretion. Adequate provisions to take care of on- and off-site drainage shall be provided and shall meet with the approval of the state department of transportation and other appropriate agencies. Adequate provisions for utility and drainage easements shall be provided. The developer shall provide for adequate fire protection measures to include fire hydrants and other related appurtenances meeting the requirements of the county subdivision ordinance in chapter 54 or, in the alternative, meeting the approval of the state fire marshal's office or other agency of the state or local government. Certification to this effect shall be required at the time of final application submission and petition for rezoning. All easements and construction designs for utilities shall meet with the approval of the appropriate public utility and other agencies. If consent is given pursuant to section 66-731 for utilities to be provided by parties other than public utilities, easements shall be designed and transferable so as to facilitate assumption by the public utility in whose jurisdiction the development is to be located if so agreed to at some future date. Certification by the public utility to this effect shall be required at the time of final application submission and petition for rezoning.

(Ord. No. 97-2, § 2(14-233(f)), 6-1-1997)

All interior streets within a planned unit development shall be private streets. Street, sidewalk and pathway lighting for vehicular, pedestrian and bicycle safety and for aesthetic purposes may be provided by the developer. A circulation system shall be so designed so as to provide for safe and convenient access to dwelling units, commercial structures and businesses, open space, community facilities, and other nonresidential areas in the planned unit development, and may include alleys, culs-de-sac, vehicle circles, and other vehicular traffic infrastructures. Principal vehicular access points shall be designed to permit smooth traffic flow and minimum hazards to vehicular, bicycle, or pedestrian traffic. The internal circulation system shall be adequate for vehicular, bicycle, and pedestrian movement and should discourage through traffic. Adequate access and circulation for emergency and service vehicles shall be provided. Planned unit developments may restrict or control vehicular, bicycle and pedestrian traffic through the use of security gates, guard houses or other active or passive security measures, both from access to internal areas within the planned unit development as well as from ingress into the planned unit development from adjoining zoning districts. Such restricted access shall fully facilitate ingress and egress by all law enforcement, fire, rescue and utility service providers, for delivery of mail, parcels and shipping of goods, and for access by agents of the federal, state and local governments for the conduct of official business within the planned unit development. The developer shall provide for all initial traffic control signage within the planned unit development, including the initial installation of all street name signs, street and curb markings, and all other signage and markings related to the control and direction of vehicular, bicycle and pedestrian movement within the planned unit development. Where possible, signage and markings provided must be placed so as to conform to that which would otherwise be required for dedicated public streets; however, such signage shall not be required to meet the same design requirements as those for dedicated public streets except at the intersections of private streets and dedicated public streets. The developer shall further provide for the means of continual maintenance of such signage and markings, and for street, sidewalk and pathway lighting, if provided, through the nonprofit corporation or association established to own and maintain common open space properties and facilities.

(Ord. No. 97-2, § 2(14-233(g)), 6-1-1997)

Where two-family, multifamily and townhouse residential units adjoin a detached, single-family residence within the planned unit development, these structures shall be situated no closer than 20 feet to the detached, single-family residence.

(Ord. No. 97-2, § 2(14-233(h)), 6-1-1997)

Where structures are to be erected on lots or portions of lots within the planned unit development which border on other zoning districts, such structures are to be situated so as to generally conform with the front, side or rear yard setback requirements of the zoning district which the lot or portion thereof borders, depending upon what part of the structure within the planned unit development adjoins another zoning district. Deviations from this requirement may be approved by the planning commission at the time of approval of the master development plan.

(Ord. No. 97-2, § 2(14-233(i)), 6-1-1997)

Where structures are to be erected on lots or portions of lots within the planned unit development which border on existing public streets, roads and highways, such structures are to be situated so as to generally conform with the front, side or rear yard setback requirements of the zoning district in effect for the lot or portion thereof at the time the petition for rezoning to P-1 is submitted, depending upon what part of the structure within the planned unit development adjoins the existing public street, road or highway. Deviations from this requirement may be approved by the planning commission at the time of approval of the master development plan.

(Ord. No. 97-2, § 2(14-233(j)), 6-1-1997)

The boundary line between all lots or portions of lots subject to development within a P-1 district and any other adjoining zoning district shall be designated by a border consisting of planted evergreen shrubbery, hedges or other perennial ornamental horticultural plantings placed in such a way as to create an even, unbroken perimeter encircling the P-1 district; or by the erection of a continuous decorative wall or fence which shall be continuously maintained. Plantings and decorative walls or fencing may be used intermittently at the discretion of the developer to encircle the P-1 district. These shall be placed no less than three feet away from the lot lines separating lots in the P-1 district from property within another zoning district. The developer or his assignee shall be responsible for maintaining these perimeter plantings, walls and fencing after conveyance of the lots on which they are situated. Deviations from these requirements may be approved by the planning commission at the time of approval of the master development plan.

(Ord. No. 97-2, § 2(14-233(k)), 6-1-1997)

The developer or his representative shall hold a conference with the agent in charge of the county E-911 system or his designee concerning the planned unit development and preliminary master development plan, the purpose of which shall be to determine the street names within the planned unit development and devise a plan for assigning numbers to structures proposed for the planned unit development compatible with the county's E-911 system. This conference shall be held prior to the formal submission of a proposed master development plan and may be held at the time of the preapplication review conference pursuant to subsection 66-681(a).

(Ord. No. 97-2, § 2(14-233(l)), 6-1-1997)